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Childhood Statelessness in European Courts: An Avoidable Crisis

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Description: This paper argues that litigation in European courts is a key tool for addressing the human rights violations caused by childhood statelessness. Despite widespread ratification of the Convention on the Rights of the Child (CRC), childhood statelessness persists across Europe. Drawing on 44 legal cases and interviews, the paper finds that outcomes worsen when children’s claims are merged with their parents’, when they lack legal guardians, and when international treaties are not fully incorporated into national law. It recommends treating children’s claims separately, appointing procedural guardians, and advocating for incorporation of the CRC and the 1961 Statelessness Convention. Strategic litigation, supported by stronger safeguards, can enhance protections and help resolve this ongoing rights issue.

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