FOREWORD Statelessness is one of the most acute human rights challenges of our time, affecting millions of people around the world. The denial of nationality leaves individuals without legal identity, deprived of basic rights and recognition. It is an injustice that exacerbates vulnerability, fuels marginalization, and undermines human dignity. The United Nations High Commissioner (UNHCR), entrusted with the mandate to prevent and reduce statelessness and to protect stateless persons, has long recognized the critical role of strategic litigation in addressing this issue. The Open Society Justice Initiative (OSJI) has over 17 years of experience litigating statelessness globally, across different courts and countries, through paradigmatic cases to highlight the problem of statelessness and secure concrete legal remedies for stateless persons. Legal action, when combined with advocacy and policy reform, can be a powerful tool for ensuring that states fulfill their obligations to protect the right to nationality. This guide is designed to support legal practitioners in advancing that goal. It reflects the collective experience of a dedicated community of practitioners who are committed to challenging statelessness through the courts. In June 2024, UNHCR and OSJI convened a Strategic Litigation Roundtable in Geneva, to discuss a draft of this guide, developed by Dr. Bronwen Manby, a leading authority on nationality law and statelessness. Experts from organizations working on statelessness and related matters around the world participated in the roundtable. They shared insights on how litigation can be used not only to secure nationality for individuals but also to push for systemic change. The discussions highlighted the potential for legal challenges to reshape national and international norms, address discriminatory laws, and transform the lives of stateless people. This guide draws upon those discussions, offering practical strategies for litigating nationality cases and emphasizing the need to align legal arguments with both national and international human rights standards. It acknowledges the complexities of navigating political sensitivities and entrenched exclusion, with the aim of helping practitioners stay resilient in their pursuit of justice. In October 2024, UNHCR launched the Global Alliance to End Statelessness which unites governments, civil society, and international actors to ensure that no one remains stateless. This guide supports that mission, equipping legal professionals with tools for effective litigation and fostering collaboration toward a world where the right to nationality is upheld for all. Strategic litigation provides the opportunity to challenge laws and practices that perpetuate statelessness, hold States accountable, and ultimately contribute to ending statelessness for good. UNHCR and OSJI remain committed to supporting practitioners as they confront these challenges and work to ensure that every individual’s right to a nationality is recognized. Ruvendrini Menikdiwela Assistant High Commissioner for Protection UNHCR James A. Goldston Executive Director Open Society Justice Initiative Juliana Vengoechea Barrios Senior Managing Litigation Officer Open Society Justice Initiative U N H C R | L I T I G AT I N G T H E R I G H T T O A N AT I O N A L I T Y: A G U I D E F O R P R AC T I T I O N E R S 7