Johnson v Secretary of State for the Home Department
[2016] UKSC 56
判决理由
The historical bar on British citizenship by descent through unmarried fathers was discriminatory, and the common law should be developed to remove the discrimination where possible.
事实
The appellant was born outside the UK to a British father and Jamaican mother who were not married. Under the law at the time of his birth, citizenship could only pass through the father if the parents were married.
判决摘要
The Supreme Court held that s.50(9A) British Nationality Act 1981 (inserted to address the discrimination) should be read to apply to those born before the amending provision came into force, so far as possible under s.3 Human Rights Act 1998.
关键引述
"There was no rational reason for denying citizenship to children of British fathers who happened not to be married to their mothers."
— Lady Hale
后续处理
Led to further amendments to nationality law addressing historical discrimination.