- 1 result found
- 2018
- Birth registration
- Respect for private and family life
- Clear
Court name: Supreme Administrative Court
State: Poland
Date of decision:
Legal instruments: Convention on the Rights of the Child (CRC), European Convention on Human Rights (ECHR), European Union law
Key aspects: Acquisition of nationality, Birth registration, Childhood statelessness, Discrimination, LGBTIQ families, Respect for private and family life
The applicant was born abroad to two Polish mothers, and acquired Polish nationality on the basis of at least one of his parents being Polish. However, he was unable to access Polish identity documents, for which a transcription of a foreign birth certificate into the Polish legal order is required - the latter being denied as the concept of two mothers contradicts the fundamental principles of Polish legal order. The Court ruled in favour of the applicant, relying heavily on national and international children's rights norms.