2020
Statelessness & Citizenship Review
2(2)
requirements result in long periods of legal limbo and uncertainty in the absence
of effective routes to regularisation for stateless people. This is particularly
relevant for stateless people who typically face obstacles in accessing
documentation, providing evidence and demonstrating ties to a country, as most
of them have been living on the margins of a society that refuses to acknowledge
their identity.
The Court has once again shown that states’ obligations towards stateless
persons flow from an integrated approach to international law and human rights
with due consideration to the EHCR and international legal instruments. 43 The
relationship between the judgments in Hoti and Sudita Keita indicates that the
Court may be constructing a consistent line of jurisprudence that has the potential
to promote a harmonised and human rights-based interpretation of the core
statelessness conventions.
The judgment further emphasises that statelessness is a relevant factor and that
states share the responsibility in identifying statelessness and facilitating access to
protection for stateless persons. The Court specifically noted that the authorities
should have informed the applicant of the possibility of applying for stateless
status. As Sudita Keita and Hoti demonstrate, the Court is well positioned to
develop regional case law on the fundamental rights of stateless persons,
demanding states to establish mechanisms and procedures to adequately identify
statelessness and provide stateless persons with access to the protection afforded
by the 1954 Convention, as well as preventing interference with art 8 and other
ECHR rights. This includes issues related with access to the procedure,
information and legal assistance, due process safeguards, evidence assessment,
length of the proceedings, protection throughout the procedure and further
questions that have scarcely been examined by international courts. The need for
further jurisprudence is magnified by the wide impact and enforceability of the
Court’s judgments on national law and practice.
43
In Sudita Keita (n 1) the Court only referred to the 1954 Convention (n 4), but in recent
statelessness cases the Court has also referred to the Convention on the Reduction of
Statelessness, opened for signature 30 August 1961, 989 UNTS 175 (entered into force 13
December 1975); European Convention on Nationality, opened for signature 6 November
1997, ETS 166 (entered into force 1 March 2000); Council of Europe Convention on the
Avoidance of Statelessness in Relation to State Succession, opened for signature 19 May 2006,
CETS 200 (entered into force 1 May 2009). It also refers to mapping studies on statelessness
conducted by UNHCR and other publications made by the International Law Commission
and international and regional bodies. See, eg, Ramadan v Malta (European Court of Human
Rights, Fourth Section, Application No 76136/12, 21 June 2016); Kurić v Slovenia (European
Court of Human Rights, Grand Chamber, Application No 26828/06, 26 June 2012).
330