Azerbaijani authorities refused to issue an identity card to children born in Azerbaijan to foreign parents, thereby denying them Azerbaijani nationality (as domestic law applicable at the time applied the jus soli principle). The Court held that the refusal by the national authorities to deliver an identity card to the children is tantamount to a refusal to recognise their Azerbaijani nationality. This had considerable negative consequences for the children and therefore constituted an interference with their right to a private life in violation of Article 8 ECHR. It further found that the necessary procedural guarantees were not in place and that the decision was arbitrary.
Five applicants of dual nationality, convicted in 2007 of participating in a criminal association in a terrorist context, were stripped of their French nationality in October 2015 by Prime Minister decrees. The Court held that the decision to forfeit the applicants’ French nationality did not have a disproportionate impact on their private lives and therefore was not in violation of Article 8 of the Convention.
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.
Two applications (joined before the Court) concerned the removal of and the refusal to exchange passports, leaving the applicants stateless and without identity documentation, after the relevant Russian authorities found their Russian citizenship to be granted erroneously. The Court held the withdrawal of identity documents, which affected the exercise of their rights and freedoms in their daily lives, was a violation of Article 8 of the Convention.
The case concerns the refusal to grant legal recognition in France to parent-child relationships that had been legally established in the United States between children born as a result of surrogacy treatment and the couples who had had the treatment. The Court found that totally prohibiting the establishment of a relationship between a father and his biological children born following surrogacy arrangements abroad was a violation of Article 8 concerning the children’s right to respect for their private life, under Article 8.
An Egyptian national, who resided in Malta and acquired Maltese nationality, was granted authorisation to renounce his Egyptian nationality as he could not hold dual nationality while in Malta. He was deprived of his Maltese nationality years later, following a decision that found that he had obtained his Maltese nationality from his first marriage through fraud. The Court found that there was no violation of Article 8 and held that the decision to deprive the applicant of his Maltese nationality did not adversely affect him.