Litigating the Right to a Nationality: A Guide for Practitioners

Statelessness affects millions of people globally. Many of them are denied access to basic rights and services. Although the international human rights treaties establish that most human rights are for “everyone”, the right to a nationality is in practice often the foundation for enjoyment of other rights. Ending statelessness is thus a priority for the realisation of human rights for all and to fulfil the objective of the Sustainable Development Goals to “leave no one behind”.

Litigation has been an important tool to prevent and reduce statelessness. It has assisted particular individuals and communities to gain recognition of their right to nationality or protection as stateless persons. And it has also helped to develop national, regional, and international normative frameworksthat have moved nationality from a legal status that is recognised by states at their discretion, into the sphere of human rights and the rule of law.

This guide provides resources for practitioners—especially lawyers, but including stateless people and others advocating on their behalf—to develop strategies to use litigation to achieve progress towards the realisation of the right to a nationality for all.