The judgment is an answer to a general legal question as to whether Polish law allows the incorporation of foreign birth certificates where parents are of the same sex. The question was prompted by the authorities' refusal to transcribe into Polish law the foreign birth certificate of a child born to two mothers, both of whom are Polish nationals. The applicant argued that since lack of a transcribed birth certificate inhibits her child's access to a Polish passport, it in practice leads to a situation that is identical to statelessness.
The applicant was born in Belarus between 1990 and 1993, to parents of Armenian ethnic origin, and lived in Austria since the age of 9. Austria's civil registration allows for the registration of births of individuals who are stateless or whose nationality status is unclear, and the applicant argued her birth should be registered based on this provision, as she is stateless, or at least her nationality status in undetermined. The authorities considered that the applicant is an Armenian national based on findings in her asylum file, but the Court sided with the applicant and determined that she is entitled to have her birth registered in Austria.
A child is born in the Netherlands in 2016, and has resided there since, without a legal residence permit. A request was made on behalf of the child to determine that he has Dutch nationality, on the basis of direct application of article 1 of the 1961 Convention, as he would otherwise be stateless. The Court refuses, as it considers this to be a question of granting Dutch nationality, and not of determination of Dutch nationality, which the Court is not empowered to do. The legislative proposal on statelessness of 20146 is mentioned by the Ministry in its arguments.
The public prosecutor appealed to the Provincial Administrative Court in Kraków (“Court”) against the transcription of A.Z.’s birth certificate by the Head of the Registry Office in Krakow into the Polish Civil Register, claiming that it is contrary to the fundamental principles of the legal order of the Republic of Poland because A.Z.’s birth certificate listed two women as parents. The appeal was dismissed.
The Court stated that due to the large number of states that have ratified the Convention on the Rights of the Child and because many states include similar provisions in their national legislation, legal experts argue that the right of a child to nationality is part of international customary law, therefore everyone should acquire a nationality at birth.
An initiative was submitted to the Constitutional Court of Serbia to assess the provisions of two by-laws that prevent registration of children in the birth registry immediately after birth, in cases when the children’s parents do not possess personal documents, on the grounds that the by-laws are not in accordance with the provisions of the Serbian Constitution, the Family Law and ratified international conventions which guarantee the right to birth registration and personal name to every child, immediately after birth. The Constitutional Court rejected the initiative, on the grounds that possession of an ID card is legally binding on all citizens of the Republic of Serbia who are over 16 years of age and have permanent residence on the territory of the Republic of Serbia.
The author of the communication fled with her family from Uzbekistan to the Netherlands. After their asylum application got denied by the Dutch authorities, she was told that she had lost her Uzbek citizenship because she had not registered with the Uzbek Embassy within five years of leaving the country. Various application for social and child benefits got rejected by various national courts. The author maintains that she has exhausted domestic remedies with regard to her claims of violations of her right to family life and non-discrimination and of the rights of her child. The author submits that,by denying her application for a child budget, the State party violated her and Y’s rights under articles 23(1), 24(3) and 26, read in conjunction with articles 23(1) and 24(1), of the Covenant, as well as Y’s rights under article 24(1) including minors. In light of the level of vulnerability of the child and the inability of the mother to provide for the child, the Committee concluded that the State party has the obligation to ensure the child's physical and psychological well-being are protected. By not doing so, the State violated the child's rights under article 24(1).