Litigation Toolkit on Statelessness: Volume I
October 2022
purpose of developing and effectively implementing the right to a nationality and the
human rights of stateless people. In particular, the European Court of Human Rights and
the Court of Justice of the European Union play an important role at regional level in
providing clarity in the interpretation of international law and harmonising the
standards of protection of stateless people.
As it is fundamentally a human rights issue, another way to tackle statelessness is
through advocacy and engagement with human rights monitoring mechanisms,
including the UN’s Universal Periodic Review mechanism, as well as other bodies and
monitoring mechanisms, including – but not limited to – the Committee on the Rights of
the Child, the Committee on the Elimination of Racial Discrimination, and the Committee
on the Elimination of Discrimination against Women.
Nationality and citizenship
The words “national” and “nationality” have various meanings, in some contexts referring to a
shared identity, sometimes based on race, ethnicity, language, religion, or affinity and
connection to a particular place, people, or political identity. Nationality also has a legal
meaning under international law and is often considered equivalent to the meaning of
‘citizenship’ in domestic law. In this toolkit, except where otherwise specified, references to
nationality mean nationality solely in the legal sense: the formal bond of a person to a
particular State, with the rights and duties inherent in belonging to that State.
The Litigation Toolkit on Statelessness aims to provide a framework and guidance for
legal practitioners on conducting litigation on statelessness. Volume I provides an
overview of statelessness and the right to a nationality (section I), a framework to
understand impact or strategic litigation and guidance to identify impactful cases
(section II), an overview of the key legal instruments, courts and mechanisms to
address statelessness (section III), and considerations on the implementation of
judgments (section IV). Volume II outlines a summary of the key jurisprudence from the
European Court of Human Rights, the Court of Justice of the European Union and UN
Treaty Bodies that either directly concern the rights of stateless people or address
other connected human rights issues that impact on people without a nationality.
Important note
This toolkit does not purport to be exhaustive and should not be relied on as a single source
for legal practitioners bringing cases before any court or monitoring body. Legal practitioners
are strongly encouraged to read in detail the relevant instructions for litigation and the
practice directions, the original judgments and decisions referred to in this toolkit, and to
receive specialised training by qualified providers.
Legal practitioners are encouraged to consult complementary resources and stay up to date
on developments, including through https://www.statelessness.eu/. There are also further
materials available in different formats, including this educational video on Strategic
Litigation in the field of International Protection, published by the Hungarian Helsinki
Committee. For further information or assistance to this end please feel free to contact ENS
and The AIRE Centre.
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