Nationality and Statelessness Before the European Court of Human Rights: A landmark judgment but what about Article 3 ECHR?

By Dr. Hélène Lambert (Professor of Law at the University of Wollongong, Australia, and Professor of International Law at the University of Westminster in London, United Kingdom)

Introduction

Two years ago, following the judgment of the Fourth Section of the European Court of Human Rights in Ramadan v. Malta, Marie-Bénédicte Dembour called on the Court to take nationality seriously because it is “a core human rights issue” (Strasbourg Observers). Dembour criticised the Court for insisting “that the applicant brings impossible proofs” of his nationality, thereby favouring the defendant State, and for blaming the applicant for his predicament. Hoti v Croatia gives us the opportunity to scrutinise once more how the Strasbourg Court understands nationality and statelessness in human rights terms, and there is some good news. Continue reading