international law. The Court also held that every individual has the right to
the recognition of their legal status27 everywhere, so that nationality not only
defines the identity of each individual but also grants them the protection of
the state and confers on them many civil and political rights.
81. In this regard, the Court considers that the violation of the right to nationality
does not only mean, stricto sensu, the withdrawal or forfeiture of nationality
through an official act. The Court considers that this violation may also entail
arbitrary refusal to issue documents that serve as proof of nationality or the
arbitrary cancellation thereof.
82. The Court notes that the ability to produce or obtain proof of one’s nationality
can be essential to being, and continuing to be, considered a national of the
State concerned. Moreover, in some national contexts, the inability to
access certain identity documents that the State issues exclusively to its
nationals may mean that the person is not considered a national and
therefore not entitled to the rights and obligations attached to nationality.
This may lead to situations of statelessness of the person concerned. The
Court has already ruled that “Everyone shall have the right to have his legal
status recognized everywhere” and that “international law requires States to
take all necessary measures to avoid situations of statelessness”.28
83. The Court therefore agrees with the African Commission on Human and
Peoples’ Rights that “African States should ensure equal access to
documents used to prove nationality, particularly passports, identity
documents and birth and marriage certificates …”.29
27
Ibid, § 88.
Idem.
29 ACHPR, The Right to Nationality in Africa, Study carried out by the Special Rapporteur on Refugees,
Asylum Seekers, Internally Displaced Persons and Migrants in Africa, pursuant to Resolution 234 of 23
April 2013, with the approval of the Commission granted in its 55th ordinary session held in May 2014.
28
21