Individual relief In seeking injunctive relief for individuals, an initial distinction that may be important to draw is whether the complainant(s) in a case were born in the country, or moved from another state at a later date. In the latter case, it may also be relevant if the person first arrived in the country as a child or as an adult. • The remedy sought for a person born in the country who has been denied identity papers by that state—and any other state to which there is a connection—is almost always going to be a court order that the authorities either recognise the person’s existing nationality or (where national law allows) grant nationality on the basis that the person was born stateless, and issue identity documents accordingly. There are many examples of such court orders from multiple jurisdictions. • In case of a person born in another country, but with ancestral origins in the state where litigation is taking place, there may be the possibility to request the court to order recognition of nationality based on descent from a national. • If the plaintiff was born in another country and has no ancestral connection to the state of litigation, but has been resident in that country for a long time, including as a child, then there may be an argument in national or international law that acquisition of nationality should be facilitated, on the grounds of statelessness and/or assimilation into the national community. • Alternatively, for a stateless migrant, a court may be asked to order formal assessment and/or recognition of stateless status, or grant of other status that regularises residence in that country and provides a route to acquisition of nationality in due course. Legal reform In those cases where national law permits, the primary relief sought from the court may be an order that a law should be reformed to bring it in line with the constitution or—less likely, but possible in some jurisdictions—with international law. If primary legislation establishes a right, but this is not respected in practice, a court may be requested to order the executive to adopt regulations to make the legislation effective. The South African Supreme Court ordered the Department of Home Affairs to adopt regulations enabling children born in the country and still resident at majority to access a right to citizenship provided in legislation.165  Legal reforms that may be necessary could include: • Addressing gaps in the law in relation to the right of every child to acquire a nationality, including the presumption of nationality for children found in the territory of unknown parents and place of birth; children who cannot acquire nationality from a parent; children born through assisted reproduction technology; or adopted children. • Removal of discrimination in the rights of men and women to transmit nationality automatically to their child at birth. • Reform of family law to allow for legal recognition of both parents in case of birth out of wedlock or to same-sex parents. • Repeal or reform of provisions in the law that prevent members of certain ethnic or religious groups from acquiring nationality. • The removal of or exemption from onerous legal, procedural, or financial conditions to acquisition of nationality. • The adoption of subsidiary legislation to implement a primary law, enabling substantive provisions for recognition or acquisition of nationality to be accessed in practice. Examples of legal reforms ordered by courts are given throughout u section 7: Legal arguments. Procedural reform The most significant remedy sought may be the establishment of universally applicable, fair, and effective procedures that enable the individual assessment and resolution of the situation of those excluded recognition of nationality and/ or issuance of identity documents. This means establishment of nationality determination procedures that not only consider a person’s possible statelessness, but also their positive right to a nationality; and that enable resolution of cases where the required documentary evidence (especially civil registration certificates) is not available. Other types of procedural reform which a court may be requested to order could include: • 165 Establishment of child protection systems and procedures to ensure that children are recognised as nationals (including through the issue of identity documents) or granted nationality when they are entitled to it under the law. Minister of Home Affairs and Another vs. Miriam Ali and others, Case No.1289/17, Supreme Court of Appeal, South Africa, judgment of 30 November 2018. 50 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