Also reaffirms that the primary purpose of protecting the right of every child, to acquire a nationality is to prevent a child from being afforded less protection because he, 11. Individuals who lack a nationality or an effective citizenship are therefore among the wo… [61] See arts 7-8 of the 1961 Convention. [35] For the purposes of the present analysis, deprivation of nationality and denationalisation will be used interchangeably. The French amendment inserting the right to a nationality passed by 21 in favour 9 against and 6 abstentions; paragraph 1 as a whole was adopted by 31 in favour, 1 against and 11 abstentions; the prohibition against arbitrary detention was adopted unanimously; the right to change nationality was voted for by 36 in favour, 6 against and one abstention; and finally, the whole article passed with 38 in favour, 1 against and 7 abstentions’ (cf I Ziemele, GG Schram, ‘Article 15’ in G Alfredsson, A Eide (eds), The Universal Declaration of Human Rights: A Common Standard of Achievement (Martinus Nijhoff 1999) 301-302. This measure, which was utilized for instance by Colombia vis-à-vis its nationals who had entered the armed forces of another State, was proposed within the International Law Commission back in 1953 during the discussions on ‘Nationality, including statelessness’.

Furthermore, no mention is made of the right to change and retain nationality. [3] The almost absolute ‘reserved domain’ of each State in this field was restricted only by some international rules and principles, the ratio for which resided in the need to respect the sovereignty of other States. Hence, the State in this context should guarantee a high standard of proof,[59] almost equivalent to the one applicable to criminal proceedings. As a consequence, within the strict limits posed by international law, deprivation of nationality is not only admissible but also wholly legitimate from the State’s perspective. That situation may undergo a change in proportion as international law recognizes, as a matter of a legal obligation binding upon governments, rights of the individual independent of the law to the State. Possession of a nationality carries with it the diplomatic protection of the country of nationality and is also often a legal or practical requirement for the exercise of fundamental rights. A fundamental issue which is not clarified by the UDHR concerns the determination of which State is required to guarantee the right to nationality, and more specifically, which State is supposed to grant nationality. Also calls upon States to consider whether loss or deprivation of nationality is, proportionate to the interest to be protected by the loss or deprivation, including in the light, of the severe impact of statelessness, and to consider alternative measures that could be, 17. No.

[31] Art 6(4) of the 1990 African Charter. This is the view asserted, for instance, by the ILC in the 2014 Draft Articles on the Expulsion of Aliens. [18] United Nations Convention on the Rights of the Child (adopted 20 November 1989, entered into force 2 September 1990) 1577 UNTS 3 art 5. [76] As argued eg by Macklin. Cameroun: Parlement: Bientôt la reconnaissance de la double nationalité au Cameroun. be impeded as a result of arbitrary deprivation of nationality; 5. Stresses that the arbitrary deprivation of nationality places children in a. situation of increased vulnerability to human rights violations; 20. [50] UN Doc A/HRC/13/34 paras 43-46. To ensure that nationality regulations are not applied arbitrarily and relevant safeguards against statelessness are implemented effectively, States should ensure that adequate procedural standards are in place. The approach of the ECN is more restrictive, since deprivation of nationality resulting in statelessness is admitted only if nationality has been obtained by means of fraudulent conduct, false information or concealment of any relevant fact attributable to the applicant. International human rights law provides that the right of States to decide who their nationals are is not absolute and, in particular, States must comply with their human rights obligations concerning the granting and loss of nationality. 76-114) concerns nationality. Recalling the provisions of other international human rights Stresses that the arbitrary deprivation of nationality, especially on The appointment of Sandro Gozi, Italy’s minister for European affairs in both the Renzi and Gentiloni cabinets, as EU adviser to French Prime minister has raised fierce reactions amongst political parties and some party leaders have called for Gozi’s citizenship to be “revoked” for working with a foreign government. Extracts: ARTICLE 81 : Tout Camerounais justifiant d’une autre nationalité conserve la nationalité camerounaise, sauf répudiation de…, By Heather ALEXANDER This report discusses citizenship in Mali. Hannah Arendt most famously depicted the right to a nationality as ‘the right to have rights’, ie as the necessary premise for the exercise of other rights. [30] Finally, a limited acknowledgement of the right is contained in the African Charter on the Rights and Welfare of the Child of 1990, which imposes on the State of birth of a child the obligation to grant him or her nationality.[31]. Title Human rights and arbitrary deprivation of nationality : report of the Secretary-General. Procedural innovations in the MPIA: A way to strengthen the WTO dispute settlement mechanism? When citizenship deprivation is arbitrary? See Weis (n 2) 55. Under traditional international law, it was undisputed that each State had the sovereign right to determine, in conformity with national statutes, who were its nationals.
The ICCPR only refers to the nationality of children by providing, in Article 24(3), that ‘Every child has the right to acquire a nationality’. persons or groups of persons of their nationality, especially [47] The same interpretation has been later upheld by the UN Human Rights Council in the specific context of arbitrary deprivation of nationality.[48]. statelessness and ensuring the protection of stateless persons, Recalling the Convention on the Rights of the Child, in particular its articles 3, 7 and, 8, which recognize the principle of the best interests of the child and guarantee the right of. In this case, though, States clearly rejected the proposal to recognize the right to be granted asylum, and art 14 as it stands only affirms the right to seek asylum from persecution and enjoy it once granted by a State.

5 of Commission resolution 1997/36 (E/CN.4/1998/118); 6. treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=V4&chapter=5&clang=_en>. The fight against terrorism, democracy and the power to revoke citizenship, Deprivation of nationality: Implications for the fight against statelessness, WTO security exceptions: A landmark Panel report in times of crisis. impact on their enjoyment of relevant civil, political, economic, social and cultural rights. So long as that change has not been accomplished, statelessness renders impossible in many cases the operation of a substantial portion of international law’. The first example in this regard is provided by Article 15(2) of the Universal Declaration, which, as already noted, expressly proclaims that ‘No one shall be arbitrarily deprived of his nationality’. See ILC, ‘Report of the International Law Commission Covering the Work of its Fifth Session’ (1 June – 14 August 1953) UN Doc A/CN.4/76 para 130. Procedural rules of international courts and tribunals: Between change and stability. The right to a nationality is a fundamental human right. [2] P Weis, Nationality and Statelessness in International Law (2nd edn, Sijthoff & Noordhoff 1979) 4-5. Reaffirms that every child has the right to acquire a nationality, and, recognizes the special needs of children for protection against arbitrary deprivation of, 10. of those originally deprived of their nationality, Recalling that arbitrarily depriving a person of his or her nationality may lead to, statelessness, and in this regard expressing concern at various forms of discrimination, against stateless persons that may violate the obligations of States under international, Emphasizing that the human rights and fundamental freedoms of persons whose.

Security and stability on the side of the individual citizen require that denationalisation remains a rare exception. [73] A similar but more encompassing provision was also inserted in the recent French Draft Constitutional Law on the ‘protection of the nation’, which envisaged the forfeiture of various civic, civil and family rights as a substitute to denationalisation.

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