Human Rights Committee - Zhao v. Netherlands

Court name: Human Rights Committee
State: Netherlands
Date of decision:
Key aspects: Acquisition of nationality, Childhood statelessness, Determination/confirmation of nationality, Standard of proof, Statelessness determination

A child was born in the Netherlands was registered as having 'unknown' nationality and the authorities refused changing it to 'stateless' on the ground that the child had not proved that he had no nationality, as the burden of proof was on the child and not on the authorities. Without being recognised as stateless, the author could not acquire Dutch nationality. The Committee adopted the view that this requirement rendered the author of the complaint unable to effectively enjoy his right as a minor to acquire a nationality, in violation of the rights guaranteed under Article 24(3) in conjunction with Article 2(3) ICCPR.

ECtHR - Gouhmid and Others v. France

Court name: European Court of Human Rights
State: France
Date of decision:
Legal instruments: European Convention on Human Rights (ECHR), European Union law, Other international law
Key aspects: Acquisition of nationality, Deprivation of nationality, Determination/confirmation of nationality, Respect for private and family life, Stateless status and documentation

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.

Ireland - Damache v Minister for Justice

Court name: Supreme Court
State: Ireland
Date of decision:
Legal instruments: 1961 Statelessness Convention, European Convention on Human Rights (ECHR), European Union law, Universal Declaration of Human Rights (UDHR)
Key aspects: Acquisition of nationality, Deportation and removal, Deprivation of nationality, Procedural safeguards, Standard of proof, Statelessness determination

The applicant brought an appeal challenging the constitutionality of s.19 of the Irish Nationality and Citizenship Act 1956, which governs the procedure by which revocation of naturalisation is determined. The fact that the Minister initiated the revocation process, appointed the committee charged with conducting the inquiry and then reached the final decision, was unconstitutional according to the applicant, as it breached the right to fair procedures. The Court held that s.19 was unconstitutional because it did not provide the procedural safeguards required to meet the high threshold of natural justice applicable to a person facing such severe consequences, i.e. revocation of naturalisation.

Poland - Supreme Administrative Court, case II OSK 3362/17

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, International Covenant on Civil and Political Rights (ICCPR)
Key aspects: Access to social and economic rights, Acquisition of nationality, Birth registration, Deprivation of nationality, Determination/confirmation of nationality, Discrimination, Gender, LGBTIQ families, Respect for private and family life, Surrogacy & reproductive technology

The applicant was born in the US, and his birth certificate indicated a Polish national as the father, and an unknown surrogate mother as the mother. Polish authorities refused to confirm the applicant acquired Polish nationality at birth as a child of a Polish parent, because the birth certificate is against the Polish public order, in particular the prohibition of surrogacy. The courts ruled in favour of the applicant, stating that confirmation of his Polish nationality on the basis of the birth certificate does not amount to validation of surrogacy.