Legal briefing: Statelessness and the right to respect for private and family life October 2024 Denial of nationality In cases such as Genovese v. Malta148, Maltese authorities denied Maltese Karassev v. Finland,149 and Hashemi and nationality to a child on the basis that they Others v. Azerbaijan,150 the ECtHR confirmed were born out of wedlock to a Maltese father that a denial of nationality can result in a and a British mother. Domestic legislation only violation of Article 8, including in conjunction conferred nationality to children born out of with Article 14.151 In Genovese, Maltese wedlock if the mother was Maltese. The Court authorities denied Maltese nationality to a rejected the argument advanced by the child on the basis that they were born out of Maltese Government that this case was wedlock to a Maltese father and a British justified on the basis that a mother is always certain, whereas a father is not. It concluded mother. Domestic legislation only conferred that no reasonable grounds were adduced to nationality to children born out of wedlock if justify such a difference in the treatment of the mother was Maltese. The ECtHR rejected the applicant and found a violation of Article the argument advanced by the Maltese 14 in conjunction with Article 8 ECHR. Government that this differential treatment was justified on the basis that the parenthood of a mother is always certain, whereas a father’s parenthood is not. Rather, the ECtHR found that the distinguishing factor in this case was that the applicant was born to parents out of wedlock and was thus rendered a non-citizen.152 Such a distinction is contrary to Article 14 ECHR and the principle of non-discrimination. 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.153 In Hashemi, Azerbaijani authorities refused to issue an identity card to children born in Azerbaijan to foreign parents, thereby denying them Azerbaijani nationality, while domestic law applicable at the time of their birth provided that a person born on the territory of Azerbaijan would acquire Azerbaijani nationality. 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.154 It found that the decision of the Azerbaijani authorities had considerable negative consequences for the children and therefore constituted an interference with the exercise by the children of their right to a private life in violation of Article 8.155 The Court confirmed that in the case of the denial of nationality, a violation of Article 8 can be found irrespective of whether the applicant 148 ECtHR, Genovese v. Malta (application no. 53124/09), 11 October 2011. ECtHR, Karassev v. Finland (application no. 31414/96), 12 January 1999. 150 ECtHR, Hashemi and Others v Azerbaijan (applications nos 1480/16 and 6 others), 13 January 2022. See also ECtHR, Fariz Ahmadov v. Azerbaijan (application no 32538/10), 30 January 2020, where the ECtHR found that the authorities’ refusal to recognise as Azerbaijani national the applicant who possessed official papers attesting to his nationality was in breach of Article 8 ECHR, as this refusal had considerable adverse consequences for his enjoyment of rights in his everyday life and created an uncertainty regarding the legal status of his stay in Azerbaijan, directly affecting his social identity. The Court found that this refusal amounted to an interference with the applicant’s right to respect for private life under Article 8. 151 ECtHR, Genovese v. Malta (application no. 53124/09), 11 October 2011, paragraph 30. 152 ECtHR, Genovese v. Malta (application no. 53124/09), 11 October 2011, paragraph 45. 153 ECtHR, Genovese v. Malta (application no. 53124/09), 11 October 2011, paragraphs 46-50. 154 ECtHR, Hashemi and Others v Azerbaijan (applications nos 1480/16 and 6 others), 13 January 2022, paragraph 46. 155 ECtHR, Hashemi and Others v Azerbaijan (applications nos 1480/16 and 6 others), 13 January 2022, paragraphs 4849. 149 26