Final Court Judgment Confirms State Responsibility for Systemic Failures That Leave Roma Without Access to ID in North Macedonia
23 December 2025
Brussels, Skopje, 23 December 2025: The European Roma Rights Centre (ERRC) and Macedonian Young Lawyers Association (MYLA) welcome the final judgment of 20 November 2025 from the Court of Appeal in Skopje which has fully upheld the first-instance ruling in a landmark case marking a major step to safeguard the rights of unregistered persons, particularly Roma, in North Macedonia.
By confirming the first-instance judgment, the Court of Appeal has conclusively established that the competent state authorities failed to to comply with the Law on Unregistered Persons in the Birth Register, which has resulted in systemic exclusion and discrimination of Roma and other persons registered in the ‘Special Birth Registry’ who have obtained an identification document denying them equal access to their rights in North Macedonia.
The Court of Appeal dismissed in its entirety the appeal submitted by the Ministry of Justice’s - Department for Keeping Civil Registers- Skopje and confirmed the judgment of the Basic Civil Court in Skopje, thereby making the ruling final and legally binding. The appellate court found no procedural or substantive grounds to overturn or amend the first-instance decision and affirmed that the violations established at first instance were correctly and lawfully determined.
Importantly, the appellate court upheld the finding that the violations in this case were systemic in nature. The court confirmed that by failing to undertake the legally mandated procedures, the state “treated affected individuals differently without a legitimate or proportional objective”. The judgment underscores that access to birth registration is not a discretionary administrative matter, but a core state obligation directly linked to the enjoyment of fundamental rights.
ERRC Legal Director Senada Sali said: "We welcome the judgment of the Court of Appeal, which confirms the first-instance decision which established that institutional inaction amounts to discrimination. In this case, the Civil Registry Office, despite being legally obligated to initiate regular registration procedures for unregistered persons, failed to act within the prescribed deadlines. This ruling reinforces that eliminating inequality requires proactive engagement from all institutions and stakeholders, and that failure to fulfill statutory duties can perpetuate discrimination.
Aleksandra Efremova, a lawyer at MYLA who has been working on statelessness for more than a decade, stated: “This judgment marks a major victory for our fellow citizens who have endured a serious systemic injustice for more than a decade. It sends a clear message that such violations must never be repeated, including the tragic fates of Toni Sali and Memet Kamber. The judgment is also significant for all of us who have long defended the rights of these individuals, reaffirming our belief that justice was on our side and strengthening our resolve to continue this legal struggle until full protection and equal rights are guaranteed. Above all, it reminds all citizens of North Macedonia that the right to identity and nationality is not a privilege, but a fundamental human right, and that state institutions are bound by law to protect it.”
Given that the majority of affected individuals were Romani, as documented in reports by the Ombudsman of North Macedonia prior to the lawsuit, the court also concluded that the defendant committed indirect discrimination on the basis of ethnicity, in a severe, repeated, and ongoing manner, violating the same rights for Romani individuals recorded in the special birth register who had identification documents but no personal identification number, compared to other citizens.
This final judgment represents a major victory for Roma rights, children’s rights, and the rule of law in North Macedonia. It affirms that the State can be held accountable for systemic failures that expose individuals, from infancy onwards, to statelessness, and confirms the judiciary’s essential role in protecting vulnerable groups from discriminatory administrative practices.
The ruling strengthens legal safeguards against the risk of statelessness and access to identification documents, and sends a clear message that administrative complexity, institutional fragmentation, or prolonged inaction cannot justify violations of fundamental rights, particularly where children are concerned.
The ERRC was represented before the Court by attorneys-at-law Keti Jandrijeska Jovanova and Pavlinka Gicheva, while MYLA was represented by attorney-at-law Dime Gjorchevski.
Background: Roma denied rights through lack of personal identification documents
Systemic failures in civil registration in North Macedonia have historically disproportionately affected Roma by denying them access to personal documentation and putting them at risk of statelessness. The situation mainly concerns Roma who have difficulties proving their place and time of birth, often lack personal identification cards, reside in informal communities or structures, or are homeless without fixed addresses. Consequently, Romani people without access to proper personal documentation are rendered legally invisible to the state in North Macedonia, facing barriers in accessing employment, healthcare, and social services, housing, and infrastructure.
Research carried out by the ERRC and others shows that Romani statelessness exists in North Macedonia, not solely as a by-product of wars in the region, but because of widespread institutional racism which denies Roma access to registration and therefore fundamental public services.
In 2020, the Law on Unregistered Persons in the Birth Register was enacted to grant basic rights and legal identity to individuals excluded from the civil registry due to administrative barriers. However, persistent gaps in implementation have left many with either an inadequate ‘special birth certificate’ or a special personal identification card, both of which do not have the legal effect of ensuring these persons have full and equal access to education, healthcare, social protection, and employment, thereby perpetuating exclusion, especially among Roma. These problems with the law were flagged by the ERRC in 2020 before it was enacted.
It is the responsibility of the authorities to provide regular identification documentation and birth registration 30 days after the person receives their temporary documents. In practice, authorities have not been fulfilling this obligation. In addition, the temporary documents which they provided do not full serve their function and are often not recognised, meaning unregistered people cannot use them to access the services which they are intended for.
The ERRC and MYLA filed a collective lawsuit on 11 November 2022 against the Ministry of Justice- Department for Keeping Civil Registers- Skopje on behalf of persons registered in the Special Birth Registry who have obtained an identification document. These people are predominantly Roma who are denied access to their basic rights because of their lack of functional and adequate personal documentation. A further complaint was lodged with the Commission for Prevention and Protection Against Discrimination, which in 2023 issued an opinion ordering reforms following the tragic death of 20-year-old Romani man, Memet Kamber, who was unable to access timely medical care due to barriers caused by his lack of proper personal ID.
On 8th July 2025, the Skopje Basic Civil Court published its first-instance judgment which was upheld by the Court of Appeal on 20 November 2025.
This press release is also available in Macedonian.
For more information, or to arrange an interview contact:
Jonathan Lee
Advocacy & Communications Director
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
Bojana Bozhinovska Siljanovska
President
Macedonian Young Lawyers Association (MYLA)
Bbozinovska@myla.org.mk
+389 71 336 076
