Court name: European Court of Human Rights
State: Slovenia
Date of decision:

Eight applicants, some of whom were stateless and others were nationals of former Yugoslavia, failed to request Slovenian citizenship within the six months’ deadline provided for permanent residents to apply for citizenship following Slovenia’s independence. Two months after the deadline, their names were erased from the Register of Permanent Residents, resulting in them becoming stateless together with approximately 25,671 other people in Slovenia, who became known as “the erased”. The Court held that the domestic legal system had failed to clearly regulate the consequences of the “erasure”, resulting in a violation of Article 8(2), 13, and 14 ECHR.

Court name: European Court of Human Rights
State: Malta
Date of decision:

Maltese authorities denied Maltese nationality to a child on the basis that they were born out of wedlock to a Maltese father and a British mother. Domestic legislation only conferred nationality to children born out of wedlock if the mother was Maltese. The Court rejected the argument advanced by the Maltese Government that this case was justified on the basis that a mother is always certain, whereas a father is not. It concluded that no reasonable grounds were adduced to justify such a difference in the treatment of the applicant and found a violation of Article 14 in conjunction with Article 8 ECHR.

Court name: Administrative Court of Luxembourg
State: Luxembourg
Date of decision:

The applicant's naturalisation request was denied due to a criminal record, even though he has resided in Luxembourg for decades and is a stateless person. The Court rules that the principle of avoidance of statelessness does not prevent States from setting conditions on access to naturalisation even for stateless persons. 

Court name: Vladimir Regional Court
Date of decision:

The applicant, a Russian-speaking non-citizen of Estonia, applied for asylum in Russia, claiming discrimination on the basis of ethnicity in Estonia. The Court considers the problematic situation of non-citizens of Estonia, but concludes that the circumstances of the applicant's claim do not constitute basis for protection in Russia under the asylum framework. 

Court name: Constitutional Court
State: Belgium
Date of decision:

The refusal to grant family allowance to a recognised stateless person because of the lack of a residence permit amounts to discrimination between stateless persons and refugees. Such difference of treatment arises from a legislative gap that had been identified in an earlier judgement and not filled yet by the legislator.