2022 Statelessness & Citizenship Review 4(2) travelling with children.5 Afterwards, the family settled in the city of San Sebastian, where they established their home.6 The Ödos program identified that the girl lacked a birth certificate and proof of identity or nationality due to the special circumstances of her birth. Proceedings to remedy this situation were initiated. In 2019, the Embassy of Cameroon in Spain was requested to register the birth of the child and to acknowledge her Cameroonian nationality by descent (jus sanguinis). This request was rejected.7 The Embassy of Cameroon stated that the baby girl was not born in Spain and, therefore, they were not competent to deal with her case. They pointed out that this case had to be addressed to the Embassy of Cameroon in Morocco or the Ministry of Justice in Cameroon. This answer implied the existence of additional requirements that were impossible to meet. Indeed, the child could not travel to those countries, due to the impediment to obtaining a passport or travel documents. A similar request was submitted to the Embassy of Morocco in Spain, which was not answered.8 A request was also submitted to the Spanish Civil Registry in San Sebastian. The Spanish Civil Registry denied the registration of the birth because it had not occurred in Spanish territory. It also denied the recognition of Spanish nationality — by mere presumption — because it considered that the child was Cameroonian by descent (jus sanguinis).9 In conclusion, the authorities of the three states denied the registration of the birth and the acknowledgment of the child’s Spanish nationality. The lack of nationality and identification documents had damaging effects on the child. Firstly, even though the mother obtained an immigration permit of residence from the Spanish authorities, the daughter was denied this permit. Secondly, the child could not be registered in the municipal registry, which is a requirement to access public services and public benefits. Thirdly, the child could not fully exercise her fundamental rights, such as access to education or the national health service. III ISSUES AND HOLDING Based on the previous facts, the mother and the daughter submitted a claim before the First Instance Court, through the special procedure for the protection of fundamental rights. The First Instance Court ruled in favour of the claimants, agreeing that, firstly, the child was stateless; secondly, her human rights had been breached; and, thirdly, Spanish law should be applied broadly according to the principles and fundamental rights of the children set by public international law. These include the principle of the best interests of the child as well as art 7(1) of the UN Convention on the Rights of the Child (‘CRC’), which declares the right of every child to be registered after birth and to acquire a nationality.10 This broad interpretation allowed the Court to acknowledge that the only remedy for avoiding 5 6 7 8 9 10 See Programa Ödos (Website) <https://programaodos.org>, archived at https://perma.cc/9RBQ-M9Y8. Juzgado de Primera Instancia Judgment (n 2) 3. Juzgado de Primera Instancia Judgment (n 2) 2. ibid. ibid. Juzgado de Primera Instancia Judgment (n 2) 5. See also, Convention on the Rights of the Child, opened for signature 20 November 1989, 1577 UNTS 44 (entered into force 2 September 1990) (‘CRC’). 318