The distinction made in British nationality law, between the relationships of mother and child, and that of father and child, when the parents were not married, was not a breach of the human right to a family life. The claimant suggested that the rule was discriminatory both as sex discrimination, and as discrimination against the child as illegitimate. In this case the refusal of British citizenship had not in fact interfered with the child’s family relationships, and there was no previous case in which such a distinction had been found. The cases for citizenship under the two sections were quite different, and were not proper comparators.
Citations:
Times 05-Dec-2000, Gazette 11-Jan-2001, [2000] EWHC Admin 421
Links:
Statutes:
British Nationality Act 1981 2 3
Jurisdiction:
England and Wales
Administrative, Human Rights, Discrimination, Children
Updated: 29 May 2022; Ref: scu.140237