Childhood Statelessness i European Courts: An Avoidable Crisis
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Final Thoughts
Childhood statelessness litigation combines the crisis of statelessness with the vulnerability of being a
child litigant. This paper sought to understand how children and their advocates in Europe could benefit
from analyzing caselaw. In the process of drawing correlations between litigation elements and outcome,
the research revealed that actions taken outside the courtroom might carry as much weight as those within the courtroom. These actions include: separating children from other litigants; ensuring each child has
a special representative, and; ensuring each European jurisdiction domesticates its obligations owed to
these children.
This paper touched upon matters that invite more research. One area would be a study of how best to
lobby effectively for domestication of the CRC and the 1961 Convention (in some cases also ratification).
Another area could be a study of which legal pleadings or vehicles a litigator could effectively utilize to
fight for the same benefits and procedures that exist in the family court of the given jurisdiction. Lastly,
more research could be done on strategies surrounding how to appeal or reopen cases in which children
were not heard in the first instance.
At the center of this paper existed a hope that this research could benefit stateless children and their advocates. Although the majority of power may rest with the sovereign states – a common theme in international law – there are still meaningful courses of action to be pursued that could make an impact. Whether the strategy behind childhood statelessness litigation focuses on one individual child or on a broader
attempt to shift the law, the goal in either case remains for nationality and its accompanying rights to be
given to each child. Although Europe already boasts the law to eradicate childhood statelessness, the lesson learned from this research is that a resourcefulness in approach is necessary to bring meaning to that
law. This resourcefulness will find success if the underlying motivation remains rooted in the best interests
of these children who must be protected.