The main focus of the Guide is on people who are living in their “own country”, the place where they have the strongest connections, rather than those who are asylum-seekers, refugees or migrants living in a country where their connections may be weaker. However, the situation of stateless migrants and asylum-seekers is considered in relation to the interpretation of the definition of “stateless person”, as well as in the context of arbitrary deprivation of nationality as persecution, and indefinite immigration detention as cruel or inhuman treatment. The Guide aims to show how recourse to courts and other adjudication bodies can advance a broad range of strategic goals, not limited to a positive decision in the case itself as a matter of law. Thus, the objectives are not only to support the development of legal arguments in such cases, but also to show how lawyers developing a litigation strategy should see their work as linked to and nested within work by a broad range of actors working in this field. These include national and international civil society groups, intergovernmental agencies (including but not limited to UNHCR), and community-based organisations—above all those led by people struggling to realise their right to nationality and identity documents, or those representing them. Litigation has played a key role in the development of national and international legal norms for the right to nationality and the prevention of statelessness. It is litigation that has developed the very concept that nationality law is an area where “rights” are even relevant, where state discretion is constrained at all. Judgments of courts and treaty bodies have in turn informed the development of normative statements by UN and other agencies interpreting the principles for realisation of the right to a nationality set out in the Universal Declaration of Human Rights; and these general comments and guidelines have in turn informed judges as they consider what remedies may be awarded. This Guide is a resource for anyone contemplating litigation on these themes, in whatever jurisdiction, whether national or international. It has a particular focus on litigation that is conceived of as strategic, at shifting national and international norms, and the considerations to bear in mind before embarking on such cases—including questions of framing, strategy, alliance building, legal arguments, specific remedies that may be sought, and follow up to any decision. Among its key practical messages are that: • Practitioners must have a strong grasp of international legal frameworks that govern statelessness. While states control nationality laws, international obligations place limits on this discretion. This Guide provides insights into navigating these frameworks, while also emphasising the importance of country-specific legal expertise. • Successful litigation may require collaboration with civil society, lawmakers, affected communities, and sympathetic government officials. Building these alliances strengthens legal cases and increases the likelihood of achieving lasting reforms. • Effective case framing is crucial. In some contexts, presenting a case as one of “statelessness” strengthens arguments; in others, focusing on issues like non-discrimination or legal identity may yield better outcomes. Practitioners must tailor their approach to the specific legal and political context. • Litigation to resolve statelessness and realise the right to a nationality often involves analysis of the complex interaction among nationality laws from multiple jurisdictions. Strong evidence, expert testimony, and third-party interventions are essential for success. The Guide outlines strategies for gathering and presenting evidence in these challenging cases. • Finally, remedies must go beyond individual relief to create systemic legal reforms. Practitioners should consider remedies that lead to procedural changes, broader legal reforms, and long-term solutions for those affected by statelessness. 1.3. The structure of this Guide After this introduction, section 2 discusses the definitions of some of the different terms necessary to discuss nationality, statelessness and identification. Section 3 considers strategic litigation as an advocacy strategy, and its specific usefulness in cases related to recognition or grant of nationality and access to the associated identity documents; and the types of impact that may be expected at national or international levels. Section 4 sets out in more detail the issues to consider before strategic litigation is embarked upon—including the decision as to whether litigation is the best tool to use, and questions to consider in planning litigation on nationality and statelessness, with examples of where this has been done well in multiple jurisdictions around the world. Some of these questions are common to any human rights litigation; but other issues are particular to litigation on access to nationality and identity documents, and protection of stateless persons. Section 5 moves on to the construction of a legal case, starting with the initial framing of the arguments, the different laws that may need to be consulted, the supporting evidence that must be marshalled, and the specific U N H C R | L I T I G AT I N G T H E R I G H T T O A N AT I O N A L I T Y: A G U I D E F O R P R AC T I T I O N E R S 13