Human rights and the protection of stateless persons in case-law of the European Court of Human Rights

The proposal concerns the protection of stateless persons in recent case-law of the ECtHR. In Hoti v. Croatia (2018) and Sudita Keita v. Hungary (2020), the ECtHR recognized positive obligations arising under Article 8 in respect of a special category of immigrants who are stateless and emphasized the necessity of the creation of legal mechanisms to regularize such persons’ residence status. We will discuss both judgments in respect to ECtHR case-law and UN law to show that in its formulation of the requirements in respect of procedure(s) to regularize residence status, the ECtHR took recourse to UN standards. In doing so, however, the ECtHR took a selective approach, prioritizing the protection of stateless persons rather than safeguarding avenues to citizenship. Finally, we will point out the improvement of the situation of stateless persons, particularly when states are not signatories of UN Conventions but are indirectly bound by the UN standard as mediated through ECtHR.