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

The Court found a violation of Article 8, in a groundbreaking case regarding children’s right to a birth certificate. The applicant was born in Mexico and repatriated to Spain after an earthquake. Despite his mother’s attempts, his birth was not registered upon arrival in Spain as the necessary documentation had been destroyed by the earthquake in Mexico, and he was issued with an ID card only at 21. The Court found that, upon becoming aware of the situation, Spanish authorities were under a positive obligation to assist the applicant in obtaining documentation and the failure to do so resulted in a violation of Article 8 ECHR.

Court name: Court of Appeals of Gipuzkoa
State: Spain
Date of decision:

A 7-year-old child arrived in Spain irregularly by boat in April 2018. She was born in Morocco to a Cameroonian mother while they were on a journey to Europe, and due to the circumstances the child’s birth was not registered. Her mother contacted the Cameroonian and Moroccan embassies in Spain, but she never succeeded in registering her birth nor recognising her Cameroonian nor Moroccan nationality. The child was thus stateless, as declared in the first instance judgment and confirmed on appeal. The Provincial Court of Guipúzcoa held that the mother had made a genuine effort to remove all bureaucratic obstacles to have the child’s Cameroonian nationality recognised. The Court held that the safeguard established in the Spanish Civil Code to prevent statelessness of children born in Spain should be applied broadly and by analogy, as this is the only interpretation in compliance with international treaties to which Spain is a party and with the principle of the best interests of the child. Therefore it found that there was a violation of the child's fundamental rights and declared that the child held Spanish nationality and agreed to order the Central Civil Registry to register the birth of the child.