Part II. European Law on Nationality and Statelessness
of the revocation and it took into account the situation of the applicant involved. As
such, it demonstrated the importance of looking at the consequences and situation of
the person affected by loss of citizenship, which is important in nationality matters
and can help to address statelessness. More hope can perhaps be seen when turning
to the dissenting opinion of Judge Pinto de Albuquerque, who recalls the right to
nationality in international human rights law, criticizes the procedures and measures of
the Maltese government and emphasizes that “creation and perpetuation of situations
of statelessness should be avoided at any cost in a civilised Europe”. He concludes: “It
is high time for the Court to recognise explicitly that State citizenship belongs to the
core of someone’s identity, which is protected by Article 8 of the Convention.”730 Even
though this represents only the opinion of one of the judges, it might be the direction
in which the ECHR and its interpretations by the ECtHR could develop and/or could be
encouraged to develop using strategic litigation.731
In 2017, the Court decided on a matter regarding deprivation of nationality in the
case of K2 v. the United Kingdom.732 Born in Sudan, K2 became a naturalized citizen
of the UK in 2000. After being arrested for an offence, he left the UK and travelled to
Somalia. Here, he took part in terrorism-related activities. In 2010, he was therefore
deprived of his British nationality and excluded from the country. K2 complained
under Article 8 that the decisions to deprive him of his UK citizenship and bar him
from re-entering the country breached his right to respect for his family and private life
and amounted to an attack on his reputation. He further complained that there were
inadequate procedural safeguards to ensure effective respect for his Article 8 rights as
there was very limited disclosure of the national security case against him and he was
unable to participate effectively in the legal proceedings.733
In its assessment of the case, the Court recalled that arbitrary denial or revocation
of citizenship could in certain circumstances raise an issue under Article 8 of the
ECHR, because of its impact on the private life of a person. The ECtHR therefore
has to examine whether the revocation was arbitrary and what the consequences
thereof were for the applicant.734 In doing so, the Court clearly sets out (again)
the important standards to be taken into account when considering deprivation of
nationality:
730
731
732
733
734
138
Ibid, Dissenting Opinion of Judge Pinto de Albuquerque.
Cf efforts to litigate strategically as regards statelessness, and more specific related issues such as
statelessness determination and childhood statelessness, eg Maxim Ferschtman, ‘Litigating for the
stateless – a bumpy, but steady road upwards (ENS Blog, 13 July 2013) <https://www.statelessness.eu/
updates/blog/litigating-stateless-bumpy-steady-road-upwards> accessed 4 July 2021; ENS, ‘Strategic
Litigation: An Obligation for Statelessness Determination under the European Convention on Human
Rights?’ (2014) ENS Discusssion Paper 09/14 <https://www.statelessness.eu/updates/publication/
obligation-statelessness-determination-under-european-convention-human-rights>
accessed
17 October 2021; ISI, World’s Stateless: Children (Wolf Legal Publishers 2017) ch 12.
K2 v the United Kingdom App No 42387/13 (ECHR, 9 March 2017) ECLI:CE:ECHR:2017:0207
DEC004238713.
Ibid, para 46.
Ibid, para 49.
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