An Obligation for Statelessness Determination under the European Convention on Human Rights?

Discussion paper
An Obligation for Statelessness Determination under ECHR

This ENS discussion paper examines some important articles of the ECHR in order to assess whether an obligation to determine statelessness can be construed, namely: the prohibition of torture and inhuman or degrading treatment or punishment (Article 3), the right to liberty and security (Article 5), the right to respect for private and family life (Article 8), the right to an effective remedy (Article 13) and the prohibition of discrimination (Article 14). For each Article, selected issues that have been considered by the European Court of Human Rights, and that can be linked to statelessness determination, are discussed. The paper considers the existing case law of the Court, the link to statelessness determination and the feasibility of pursuing the issue of statelessness determination through further strategic litigation.

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