Spanish Court Recognises Spanish Nationality of Stateless Child statelessness and the breach of the child’s human rights was recognising her Spanish nationality. Therefore, the judgment ordered the Spanish authorities to register the birth of the child and her Spanish nationality in the Civil Registry.11 The Government of Spain’s counsel appealed the judgment of the First Instance Court. The Court of Appeal rejected the appeal and confirmed the previous ruling in every aspect.12 The judgment of the Court of Appeal was not challenged and is, therefore, final. IV A REASONING The Child is Stateless The Court of Appeal upheld the conclusion of the First Instance Court that the child was stateless, with reference to the interpretation provided by a lead expert of the United Nations High Commissioner for Refugees (‘UNHCR’), which was produced as evidence.13 The Court of Appeal also pointed out that the Government of Spain, in its appeal, did not challenge this conclusion.14 The First Instance Court had concluded that the child was stateless: no state recognised her as a national ‘by birth’. According to the aforementioned interpretation provided by a lead expert of UNHCR, art 1(1) of the 1954 Convention relating to the Status of Stateless Persons defines a stateless person as someone ‘who is not considered as a national of any State under the operation of its law’.15 Therefore, what is relevant is how in practice each state applies its legislation. In this particular case, it was proven that the child would not be automatically recognised as a Cameroonian national ‘by birth’. Indeed, the Embassy of Cameroon in Spain required additional procedures to acquire the nationality that were impossible to fulfil: the child was required to appear before the authorities of Cameroon in Morocco or Cameroon even though the child could not travel due to her lack of a passport or travel documents.16 The First Instance Court also concluded that the country of birth (Morocco) would not recognise the child.17 According to Moroccan law, nationality cannot be acquired jus soli.18 In addition, the place and specific circumstances of the birth could not be proven in this case. Therefore, the Court found that the child was stateless by birth. She was not recognised as a national by either the state of origin 11 12 13 Juzgado de Primera Instancia Judgment (n 2) 6. Audienca Provincial de Guipúzcoa Judgment (n 1) 5. See ibid: As it has been stated, the State Attorney, when appealing the first instance ruling, did not question the statelessness of the minor. Mr Ortiz, Statelessness Officer of the United Nations High Commissioner for Refugees (UNHCR), considers that we should consider Raimunda [the child] to be stateless (the country of nationality of origin of her mother — Cameroon — does not automatically attribute its nationality in origin to her), having admitted the DGRN that there is a situation of original statelessness when, by the sole fact of the birth, nationality is not automatically acquired (thus, for example, Resolution of 22 March 2019). 14 15 16 17 18 ibid. ibid 3. ibid 4. Juzgado de Primera Instancia Judgment (n 2) 5. Code de la Nationalité Marocaine 2007, art 9 (Morocco). 319