Court name: Supreme Administrative Court
Date of decision:
Legal instruments: International Covenant on Civil and Political Rights (ICCPR)
Key aspects: Acquisition of nationality, Birth registration, Childhood statelessness, Determination/confirmation of nationality
The applicant is a Polish national, whose son was born in Belarus to a mother who is a national of Belarus. The applicant was originally not mentioned as a father on the birth certificate, but established his paternity through a court order in Poland, unfortunately missing the 12-months deadline since the birth of his son to be able to claim Polish nationality for his son. The Court comments on the applicability of Article 24 ICCPR, stating that it is not applicable since the child acquired Belarusian nationality, and implying that if the child would have been stateless Article 24 ICCPR may have resulted in an interpretation of the Polish law so as to remedy the child's statelessness.