Litigation Toolkit on Statelessness for Legal Practitioners

Publications

The toolkit aims to provide a framework and guidance for legal practitioners on conducting litigation on statelessness.  

This litigation toolkit was originally published in October 2022 and updated in June 2024.

A key component of the work to end statelessness is litigating for change in both domestic and international courts and bodies, with the purpose of developing and effectively implementing the right to a nationality and the human rights of stateless people.  

The Litigation Toolkit on Statelessness was published by the European Network on Statelessness in collaboration with The AIRE Centre.

Volume I provides an overview of statelessness and the right to a nationality (section I), a framework to understand impact or strategic litigation and guidance to identify impactful cases (section II), an overview of the key legal instruments, courts and mechanisms to address statelessness (section III), and considerations on the implementation of judgments (section IV).  

Volume II outlines a summary of the key jurisprudence from the European Court of Human Rights, the Court of Justice of the European Union and UN Treaty Bodies that either directly concern the rights of stateless people or address other connected human rights issues that impact on people without a nationality.  

Important note: This toolkit does not purport to be exhaustive and should not be relied on as a single source for legal practitioners bringing cases before any court or monitoring body. Legal practitioners are strongly encouraged to read in detail the relevant instructions for litigation and the practice directions, the original judgments and decisions referred to in this toolkit, and to receive specialised training by qualified providers. For further information or assistance to this end please feel free to contact ENS and The AIRE Centre

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