Litigation Toolkit on Statelessness: Volume I October 2022 purpose of developing and effectively implementing the right to a nationality and the human rights of stateless people. In particular, the European Court of Human Rights and the Court of Justice of the European Union play an important role at regional level in providing clarity in the interpretation of international law and harmonising the standards of protection of stateless people. As it is fundamentally a human rights issue, another way to tackle statelessness is through advocacy and engagement with human rights monitoring mechanisms, including the UN’s Universal Periodic Review mechanism, as well as other bodies and monitoring mechanisms, including – but not limited to – the Committee on the Rights of the Child, the Committee on the Elimination of Racial Discrimination, and the Committee on the Elimination of Discrimination against Women. Nationality and citizenship The words “national” and “nationality” have various meanings, in some contexts referring to a shared identity, sometimes based on race, ethnicity, language, religion, or affinity and connection to a particular place, people, or political identity. Nationality also has a legal meaning under international law and is often considered equivalent to the meaning of ‘citizenship’ in domestic law. In this toolkit, except where otherwise specified, references to nationality mean nationality solely in the legal sense: the formal bond of a person to a particular State, with the rights and duties inherent in belonging to that State. 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. 3

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