- 205 results found
The author of the communication fled with her family from Uzbekistan to the Netherlands. After their asylum application got denied by the Dutch authorities, she was told that she had lost her Uzbek citizenship because she had not registered with the Uzbek Embassy within five years of leaving the country. Various application for social and child benefits got rejected by various national courts. The author maintains that she has exhausted domestic remedies with regard to her claims of violations of her right to family life and non-discrimination and of the rights of her child. The author submits that,by denying her application for a child budget, the State party violated her and Y’s rights under articles 23(1), 24(3) and 26, read in conjunction with articles 23(1) and 24(1), of the Covenant, as well as Y’s rights under article 24(1) including minors. In light of the level of vulnerability of the child and the inability of the mother to provide for the child, the Committee concluded that the State party has the obligation to ensure the child's physical and psychological well-being are protected. By not doing so, the State violated the child's rights under article 24(1).
Confirmation of acquisition of Dutch nationality was wrongly refused. The court is of the opinion that the provisions from the Statelessness Convention must be regarded as provisions of international law binding on everyone, as referred to in Article 94 of the Constitution. This means that the admission requirement (of 3 years) set by the defendant is contrary to article 1 of the Convention.
Egyptian national, who was granted the ability to revoke his Egyptian citizenship, was deprived of his Maltese citizenship years later after the State’s decision that he had obtained his Maltese citizenship from his first marriage through fraud. The Court found that there was no Article 8 violation, holding that the decision to deprive the applicant of his Maltese citizenship did not adversely affect him as a stateless individual, as the decision complied with the law and the applicant had opportunities to seek redress for any potential issues that would arise as a result of the State’s actions.
The family applied for statelessness determination, claiming to be stateless since they were not able to receive identity documents from any state, despite trying for years, and were not recognised by any state. The authorities rejected the application for statelessness determination with the argument that they did not fulfil their duty to cooperate. The lack of any form of documentation is interpreted as a sign for the lack of credibility and willingness to cooperate rather than a possible indication of statelessness. The Federal Administrative Court upheld the decision arguing that the applicants had not demonstrated that they had undertaken the necessary steps to receive identity documents. The situation of the children is not examined separately. Arguments relating to the best interests of the child are not discussed.
ECtHR found that Croatia’s failure to ensure stability of residence for Mr. Hoti, who lived in Croatia for nearly forty years, amounted to a violation of Article 8 of the European Convention on Human Rights (ECHR) – the right to private and family life. The applicant’s repeated attempts to regularise his residence in Croatia were largely unsuccessful, aside from occasional short-term permits, which were granted and withdrawn sporadically, and did not provide him with stability of residence.