Childhood Statelessness i European Courts: An Avoidable Crisis
4.
13
Findings
On the surface, it was somewhat encouraging that the majority of cases fell into the “positive” category.
The breakdown of positive and negative cases within each jurisdiction may be seen in Figure 1 below. The
negative cases range in date from 1999 to 2023 (Annex A); the positive cases from 2007 to 2023 (Annex B).
Perhaps it was predictable that the CRC Committee and the Human Rights Committee (HRC) did not present any negative cases, but not all the findings were straightforward. As seen below, several jurisdictions,
including the ECtHR, landed on both sides, and some did not present any positive outcomes (Croatia, Cyprus). Observing only the outcome, however, is one piece of a complex puzzle, albeit the most important to
a stateless child litigant. To better understand what lessons may be learned and to address the secondary
Research Questions, three areas of focus became: (1) the examination of litigant choice, (2) the existence of
a special representative, and (3) the relevant law of the jurisdiction.
Figure 1
4.1
Multiple Litigants
For strategic purposes, many litigators indeed consider children to be ideal litigants due to the softer reactions they may evoke. “If you want to change the law, you want a sympathetic plaintiff, and children are
excellent from that point of view.”67 This echoes the tactics and approach noted by Weiss and Ramsden &
Gledhill.68 At the same time, often the child is not the only individual involved in specific situations with a
need to litigate. Other children, parents, and adults may be linked to a particular set of circumstances that
lead to litigation. To complicate matters further, in the context of statelessness, the affected child is often
an infant or a toddler whose age suggests innocence, but the child could be coupled with a representative
or other litigants who might not be as sympathetic. This paper considered the importance of how children
are presented before a court and with whom they are joined.
67
Human Rights Scholar A, Solicitor, International Authority on Nationality Law and Statelessness (Video Conference, 13 August 2024).
68
Text to n 7, n 10, n 17, n 24, n 25.