After arriving in Germany in 2015, the man and woman from Palestine completed integration courses, learned German, worked, and were active in the community. Due to their age and illnesses, they now require support. In our view, the fact that the authorities exclude elderly people with disabilities from the right to naturalization violates general personal rights in conjunction with the principle of democracy, the prohibition of discrimination, and the general principle of equality.

The man and woman from Palestine are considered stateless in Germany, are of retirement age, and will be reliant on welfare benefits for the foreseeable future. Both have health problems and have applied for disability status. This makes them particularly vulnerable individuals. They, too, must have the opportunity to participate in German democracy and be democratically represented. The plaintiffs are represented in court by attorney Dr. Adrian Klein.

Since 2024, the Nationality Act (StAG) no longer grants the right to naturalization if people receive benefits to secure their livelihood. Previously, there was an exception for foreigners who were dependent on such benefits through no fault of their own. This included single parents, students, pensioners, and people with disabilities — as in the case of the married couple. Such an exemption is still necessary today in order to avoid systematically discriminating against groups of people who, through no fault of their own, are unable to earn a living or cannot do so entirely on their own. Citizenship law is currently undergoing reform. The relevant committees of the Bundesrat have already recommended reintroducing the exemption.

In Germany, naturalization is essentially possible in two ways: Foreigners who meet all the requirements for naturalization have a right under Section 10 of the German Nationality Act (StAG) that the authorities must comply with. Since the reform of 2024, many cases fall under the category of so-called discretionary naturalization (Section 8 StAG), which, due to its relevance to fundamental rights, must also result in a right in certain cases. The statelessness of the couple from Palestine must also be taken into account. A court ruling on whether and when a claim also exists under Section 8 StAG is long overdue. Anyone who lives permanently in Germany must be allowed to vote in elections and be represented through access to public office. This applies in particular to vulnerable groups who need a strong voice.

In addition to people who receive basic income support in old age or in the event of reduced earning capacity, this also directly affects anyone who cares for partners or relatives. Anyone who takes on care responsibilities without being married or in a civil partnership and therefore receives support is no longer eligible for naturalization under the reformed law. The exclusion of vulnerable groups was also criticized by many associations and experts during the legislative process.