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FOURTH SECTION CASE OF GENOVESE v. MALTA (Application no. 53124/09) JUDGMENT STRASBOURG 11 October 2011 FINAL 11/01/2012 This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision.

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Genovese v. Malta

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Author: European Court of Human Rights

Document number: 53124/09

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Description: Maltese authorities denied Maltese nationality to a child on the basis that they were born out of wedlock to a Maltese father and a British mother. Domestic legislation only conferred nationality to children born out of wedlock if the mother was Maltese. The Court rejected the argument advanced by the Maltese Government that this case was justified on the basis that a mother is always certain, whereas a father is not. 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.

Type of resource

Legal instruments / Jurisprudence

Source

Other

Region

Europe

Country

Malta
United Kingdom

Theme

Discrimination
Human Rights Enjoyment by Stateless People

Framework

Regional Frameworks

Date published: Oct 11, 2011

Source URL: Direct Link

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CASE%20OF%20GENOVESE%20v.%20MALTA.pdf
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Genovese v. Malta

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