Childhood Statelessness in European Courts: An Avoidable Crisis

In the face of claims that statelessness is an avoidable tragedy, millions still suffer from the deprivation of a nationality. Through no fault of their own, the children among these millions often are born into statelessness and thus a life of instability. Even though all European states have ratified the of the Child (CRC), which mandates immediate birth registration and the right to acquire a nationality, childhood statelessness persists as a problem in Europe. One means of confronting the human rights violations resulting from childhood statelessness is through litigation. Through interviews with legal experts and an analysis of 44 childhood statelessness cases from national and international European venues, this paper explored how certain elements of litigation may affect case outcome. The data suggests that the specifics of litigant choice, the availability of guardians for children, and the legal context of the jurisdiction were impactful factors to consider. More specifically, to respect a child’s best interests, children’s claims should be addressed separately from all other litigants, including their parents. To further protect stateless children throughout the litigation process, they should receive a special guardian dedicated to procedural guidance and educating the court about their best interests, akin to those provided to children in most family courts. Finally, a state’s failure to incorporate the CRC and incorporate/ratify the 1961 Convention on the Reduction of Statelessness serves as an unnecessary barrier to nationality for stateless children and forces advocates to rely on more binding law that does not directly address childhood statelessness. Through targeted efforts lobbying for domestication of these treaties, respecting the individual claims of each child, and fighting for guardians at the onset of litigation, stateless children’s chances of success may be heightened.