Hungarian Yearbook of International Law and European Law

Miscellaneous

The Sudita Keita Versus Hungary Ruling of the ECtHR and the Right to Private Life of Stateless Persons

A Long Saga Comes to an End

Keywords EctHR, stateless persons, right to private and family life, positive obligations of States, 1954 Convention relating to the Status of Stateless Persons
Authors Tamás Molnár
Author's information

Tamás Molnár
Tamás Molnár: legal research officer, EU Agency for Fundamental Rights, Vienna; visiting lecturer of international (migration) law, Corvinus University of Budapest.
  • Abstract

      In the case of Sudita Keita v Hungary, the ECtHR handed down a key judgment relating to statelessness. In the ruling of 12 May 2020, the ECtHR unanimously found that Hungary’s failure to ensure stability of residence for the stateless applicant for roughly 15 years amounted to a violation of his right to respect for private and family life (Article 8 ECHR). This ruling follows in the footsteps of an earlier and similar Strasbourg judgment (Hoti v Croatia), and substantiates the jurisprudential line which provides protection to stateless individuals with unsettled status using the forcefield of Article 8 ECHR. The Sudita Keita case before the ECtHR was the final chapter in a long-lasting saga that had commenced before domestic authorities and courts in Hungary, at various instances, also with the involvement of the Constitutional Court.

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