Litigation Toolkit on Statelessness: Volume II
October 2022
INTRODUCTION
Statelessness is a legal anomaly that affects over half a million people in Europe. To be
stateless is to have no nationality, and for the millions of stateless people around the
world, this can mean denial of basic rights most people take for granted. Statelessness
is, however, a solvable issue, and a key component of the work to end statelessness is
litigating for change, both in domestic, international and regional courts and bodies,
with the purpose of developing and effectively implementing the right to a nationality
and the human rights of stateless people. Achieving better standards on the protection
of stateless people and prevention of statelessness depends on a general knowledge
and understanding of the rights that stateless people are entitled to under the core
statelessness conventions and international human rights law, and familiarity with their
respective jurisprudence.
The Litigation Toolkit on Statelessness aims to provide a framework and guidance for
legal practitioners on conducting litigation on statelessness. Volume I provides an
overview of statelessness and the right to a nationality (section I), a framework to
understand impact or strategic litigation and guidance to identify impactful cases
(section II), an overview of the key legal instruments, courts and mechanisms to
address statelessness (section III), and considerations on the implementation of
judgments (section IV). Volume II outlines a summary of the key jurisprudence from the
European Court of Human Rights, the Court of Justice of the European Union and UN
Treaty Bodies that either directly concern the rights of stateless people or address
other connected human rights issues that impact on people without a nationality.
Important note
This toolkit does not purport to be exhaustive and should not be relied on as a single source
for legal practitioners bringing cases before any court or monitoring body. Legal practitioners
are strongly encouraged to read in detail the relevant instructions for litigation and the
practice directions, the original judgments and decisions referred to in this toolkit, and to
receive specialised training by qualified providers.
Legal practitioners are encouraged to consult complementary resources and stay up to date
on developments, including through https://www.statelessness.eu/. There are also further
materials available in different formats, including this educational video on Strategic
Litigation in the field of International Protection, published by the Hungarian Helsinki
Committee. For further information or assistance to this end please feel free to contact ENS
and The AIRE Centre.
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