New judgment of the European Court of Human Rights on the right to identity
On 13 January 2022, the European Court of Human Rights delivered a new judgment in a case concerning eight applicants, Afghan and Pakistani nationals. They had fled their country and settled in Azerbaijan where they registered with the UNHCR and received a letter of protection. The applicants applied to the Court because of the refusal of the national authorities to issue identity cards to their children, who were born in Azerbaijan, and to recognise their Azerbaijani citizenship. Having been rejected by the domestic courts on the grounds that the children could not be considered Azerbaijani citizens because of the nationality of their parents, the applicants invoked Article 8 of the ECHR on the right to respect for private and family life. The Court found a violation of this article and ordered Azerbaijan to pay financial compensation for the moral damage caused. CHIP welcomes this new decision of the Court in favour of a better protection of the right to identity of children affected by migration, directly or through the situation of their parents. Obstacles to birth registration for these children must be removed so that they can enjoy all the rights and protection afforded to them in the country where they are.
