Landmark Court Ruling for Roma at Risk of Statelessness in North Macedonia

Skopje, Brussels, 17 July 2025

The Basic Civil Court in Skopje issued a first-instance judgment on 8 July 2025 marking a significant step toward the protection of the rights of unregistered persons in North Macedonia, particularly Roma. The collective lawsuit was filed by the European Roma Rights Centre (ERRC) and the Macedonian Young Lawyers Association (MYLA) against the Ministry of Justice – Civil Registry Administration – Skopje, challenging its failure to implement the Law on Unregistered Persons in the Birth Registry. This failure resulted in systemic exclusion and discrimination against Roma and other persons recorded in the “Special Birth Registry” who were issued identification documents that deny them equal access to rights in North Macedonia.

The judgment orders urgent and proactive institutional reforms to ensure universal access to birth registration and personal documents for all citizens, regardless of ethnic origin or status.

“This judgment confirms what we have been saying for years: the problem was never only about documents, but about discriminatory systems that keep Roma excluded. Temporary ID cards and ‘special statuses’ are not enough—Roma must be recognised as equal citizens with full and unconditional access to their rights. Justice has been delayed for far too long; it is time for institutions to act,” said Senada Sali, Legal Director of the ERRC.

“Although in the meantime the Law on Civil Registration was amended and persons recorded in the Special Birth Registry obtained regular registration, this judgment carries particular weight. For the first time, the court unequivocally establishes that institutional inaction constitutes a form of systemic and prolonged discrimination of a more serious nature—discrimination that for years kept this problem alive and disproportionately affected Roma.

Such a court decision represents an important precedent, sending a strong message to all competent institutions that the recognition of legally guaranteed rights must not depend on ethnic affiliation, social status, or personal circumstances. Institutions are obliged to act timely, responsibly, and with full implementation of the law, especially where children are concerned, whose best interests must always be the guiding principle.

As an organisation, we remain committed to the permanent resolution of the problem of legal invisibility and statelessness and will continue to use all available legal mechanisms until the last case is finally resolved,” said Bojana Bozhinovska Siljanovska, President of the Macedonian Young Lawyers Association (MYLA).

Background: Roma Deprived of Rights Due to Lack of Personal Documentation

Systemic failures in birth registration in North Macedonia have historically and disproportionately affected Roma, depriving them of access to personal documentation and exposing them to the risk of statelessness. This situation mainly affects Roma who face difficulties proving their place and time of birth, often lack identity cards, live in informal settlements or structures, or are homeless without a permanent address. As a result, Roma without proper personal documentation become legally invisible to the state and face barriers in accessing employment, healthcare, social protection, housing, and infrastructure.

Research by the ERRC and other organisations shows that statelessness among Roma in North Macedonia does not exist solely as a consequence of regional conflicts, but rather as a result of pervasive institutional racism that excludes Roma from registration and, consequently, from basic public services.

In 2020, the Law on Unregistered Persons in the Birth Registry was adopted to enable basic access to rights and legal identity for individuals excluded from civil registration due to administrative barriers. However, persistent failures in its implementation left many with inadequate “special birth certificates” or special ID cards—documents that do not provide full and equal access to education, healthcare, social protection, and employment, thereby perpetuating exclusion, particularly of Roma. These problems were flagged by the ERRC as early as 2020, prior to the adoption of the law.

Instead, authorities are obliged to ensure regular registration ex officio within 30 days of issuing temporary documentation. In practice, this obligation has not been fulfilled. Moreover, temporary documents often fail to serve their intended purpose and are frequently not recognised, meaning that unregistered persons cannot use them to access the services for which they were created.

The ERRC and MYLA filed a collective lawsuit on 11 November 2022 against the Ministry of Justice – Civil Registry Administration – Skopje, on behalf of persons registered in the Special Birth Registry who were issued personal identification documents. These persons, predominantly Roma, were deprived of fundamental rights due to inadequate and non-functional personal documentation. An additional complaint was submitted to the Commission for Prevention and Protection against Discrimination, which in 2023 issued an opinion ordering reforms following the tragic death of Memet Kamber, a 20-year-old Roma man who could not receive timely medical assistance due to obstacles caused by the lack of appropriate ID documentation.

Court Findings

The court found that the Ministry of Justice committed both direct and indirect discrimination against Roma citizens facing difficulties in registering their civil status. It established repeated and prolonged direct discrimination against all persons in the “Special Birth Registry” who were issued temporary identity documents, due to their marginalised status, personal characteristics, and social position. The court also found indirect discrimination—namely, the effects of ostensibly neutral policies that disproportionately impact certain groups—particularly Roma due to their ethnic origin.

The court concluded that the Ministry acted negligently in its obligation to transfer persons from the special to the regular birth registry. As a result, despite receiving temporary identity documents, these persons were unable to exercise fundamental rights such as education, healthcare, social protection, and employment. The court assessed that these barriers are linked to entrenched social exclusion and disproportionately affect Roma and other marginalised communities, demonstrating the systemic nature of the discrimination.

The judgment orders the competent authorities to remove administrative and legal barriers to civil registration, adopt effective measures to ensure equality in registration, ensure that national policies are aligned with international standards and recommendations on statelessness, and specifically guarantee the inclusion of Roma and other marginalised groups in all efforts toward universal access to registration and personal documentation.

The court specifically ordered the Ministry, ex officio, to initiate procedures for additional registration in the birth registry for all persons recorded in the Special Birth Registry who were issued identity documents, in accordance with the Law on Civil Registration, and to issue registration decisions within 30 days from the date the judgment becomes final.

The Commission for Prevention and Protection against Discrimination of North Macedonia participated in the proceedings as amicus curiae (friend of the court), providing expert opinions and submitting international reports highlighting the continued exclusion of Roma from civil registration and fundamental rights.

The initial judgment was delivered on 2 September 2024 but was published only ten months later, on 8 July 2025. The judgment was subject to appeal before a higher court.

In December 2025, the Court of Appeal upheld the judgment, rendering it final.

For more information or to arrange an interview, please contact:

Bojana Bozhinovska Siljanovska
President
Macedonian Young Lawyers Association
Bbozinovska@myla.org.mk
+389 71 336 076

Jonathan Lee
Director of Advocacy and Communications
European Roma Rights Centre
jonathan.lee@errc.org
+32 49 288 7679

Senada Sali
Legal Director
European Roma Rights Centre
senada.sali@errc.org
+32 497 67 60 12