Global Caselaw Database on Statelessness
The Global Caselaw Database on Statelessness was established to strengthen access to jurisprudence on nationality, statelessness, and related human rights issues. It provides a practical resource for lawyers, academics, advocates, and decision-makers, complementing UNHCR and the Open Society Justice Initiative’s ‘Litigating the Right to Nationality: A Guide for Practitioners’ by bringing together decisions from courts and tribunals across different jurisdictions.
The database covers judgments that address statelessness directly, such as where the applicant is stateless or at risk of statelessness.
The Global Caselaw Database on Statelessness is an evolving tool and new cases will be added incrementally.
Want to offer feedback or suggest a case for inclusion in the Database? Contact our team
This initiative has been made possible with the support of UNHCR, the European Network on Statelessness, and Mallesons.
9 cases found
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African Centre of Justice and Peace Studies (ACJPS) And People's Legal Aid Centre (PLACE) v Sudan
Date of decision: 04 May 2018
Region/country: Africa / Sudan
The Committee found the Respondent: violated its obligation under Article 3 of the Charter on non-discrimination; violated Article 6(3) and 6(4) of the Charter on the right to nationality and the prevention of statelessness; as a consequence of the above violations, also violated Article 11 of the Charter on the right to education; and did not violate Articles 18(1) and 19(1) of the Charter on…
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Janko Rottmann v. Freistaat Bayern
Date of decision: 02 March 2010
Region/country: Europe / Germany
The Court began by clarifying the scope of its review over national measures that affect a person’s possession of EU citizenship. It acknowledged Declaration No 2 and the Edinburgh Decision, which state that nationality is determined solely by national law, however, it held that this did not remove the situation from the scope of EU law. The Court held that while Member States have competence…
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Kurić and Others v. Slovenia
Date of decision: 26 June 2012
Region/country: Europe / Slovenia
On Preliminary Objections On victim status, the Grand Chamber held that although Slovenia had acknowledged the breach of the Applicants’ rights and issued residence permits to six Applicants, this did not constitute ‘appropriate’ and ‘sufficient’ redress given the ‘widespread human-rights concern created by the ‘erasure’’ and the consequences for these Applicants over a nearly twenty-year period (paragraph 267). The Grand Chamber added that no compensatory…
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M.G. Tjebbes and Others v. Minister van Buitenlandse Zaken
Date of decision: 12 March 2019
Region/country: Europe / Netherlands
The Court clarified that, since the Applicants had not exercised their right to free movement within the EU, Article 21 TFEU did not need to be considered in its preliminary ruling. Recalling its ruling in Rottmann, the Court subsequent reminded that while Member States have competence to set conditions for acquisition and loss of nationality, this power must be exercised with due regard to EU…
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Mazin Adil Ali Deng and Others v. Ministry of Interior and Another
Date of decision: 10 August 2016
Region/country: North Africa / Sudan
The Constitutional Court unanimously ruled in favour of the Applicants (7 judges agreeing). The Court held that Article 7(2) of the 2005 Interim National Constitution clearly states, ‘Every person born to a Sudanese mother or father shall have an inalienable right to enjoy Sudanese nationality.’ The court emphasized that the word ‘or’ provides alternative grounds for nationality. The Court invoked Article 3 of the Constitution…
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Partial Award, Civilians Claims, Eritrea’s Claims 15, 16, 23 & 27–32 Between the State of Eritrea and The Federal Democratic Republic of Ethiopia
Date of decision: 17 December 2004
Region/country: Africa / Eritrea, Ethiopia
The Commission found that the issuance of Eritrean nationality cards to enable participation in the 1993 Referendum did carry important legal consequences, including the acquisition of Eritrean nationality in fact. While the governing entity issuing the cards was not yet formally recognised as an independent State, it otherwise reflected the characteristics of a State in international law. The Commission first considered the legal consequences of…
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Secretary of State for the Home Department v Al-Jedda
Date of decision: 09 October 2013
Region/country: Europe / United Kingdom
The Supreme Court initially recalled that the European Convention on Human Rights 1950 (ECHR) does not identify a right to a nationality but it does recognise that the arbitrary denial of nationality may violate the right to respect for private life under Article 8 ECHR (citizen Karassev v Finland). It notes that the UK ratified the Convention relating to the Status of Stateless Persons (‘the…
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Trop v Dulles
Date of decision: 31 March 1958
Region/country: Americas / United States of America
The majority of the Supreme Court determined that Section 401(g) went beyond the scope of the war power, and that it amounted to cruel and unusual punishment in violation of the Eighth Amendment and was therefore unconstitutional. Regarding the scope of the war power, the Supreme Court considered that Section 401(g) had the purpose of punishing convicted deserters and there was no other ‘legitimate purpose’…
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Yamikani Vusi Chisuse & Others v Director-General, Department of Home Affairs & Another
Date of decision: 22 July 2020
Region/country: Africa / South Africa
The Court unanimously held that the High Court’s orders declaring Section 2(1) of the amended Citizenship Act unconstitutional were not confirmed. The Court in its judgment set out principles of constitutional interpretation in South Africa which included that, where the text of the relevant legislation permits, the legislation should be interpreted in a manner consistent with the Constitution. The Court held that Section 2(1)(b) of…
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This initiative has been made possible with the support of UNHCR, the European Network on Statelessness, and Mallesons.