SAVICKIS AND OTHERS v. LATVIA JUDGMENT
to decide whether these conditions have been complied with. Within these same limits,
it is equally logical that the perceived needs of each state should determine the decision
whether to facilitate naturalization to a greater or lesser degree; and since a state’s
perceived needs do not remain static, it is quite natural that the conditions for
naturalization might be liberalized or restricted with the changed circumstances. It is
therefore not surprising that at a given moment new conditions might be imposed to
ensure that a change of nationality not be effected to solve some temporary problems
encountered by the applicants when these have not established real and lasting ties with
the country, which would justify an act as serious and far-reaching as the change of
nationality.”
75. In Case of the Girls Yean and Bosico v. Dominican Republic
(preliminary objections, merits, reparations and costs), judgment of
8 September 2005, Series C No. 130, the Inter-American Court of Human
Rights ruled as follows (footnotes omitted):
“139. The American Convention recognizes both aspects of the right to nationality:
the right to have a nationality from the perspective of granting the individual a ‘minimal
measure of legal protection in international relations through the link his nationality
establishes between him and the State in question; and second the protection accorded
the individual against the arbitrary deprivation of his nationality, without that are tied
to the nationality of the individual’.
140. The determination of who has a right to be a national continues to fall within a
State’s domestic jurisdiction. However, its discretional authority in this regard is
gradually being restricted with the evolution of international law, in order to ensure a
better protection of the individual in the face of arbitrary acts of States. Thus, at the
current stage of the development of international human rights law, this authority of the
States is limited, on the one hand, by their obligation to provide individuals with the
equal and effective protection of the law and, on the other hand, by their obligation to
prevent, avoid and reduce statelessness.
141. The Court considers that the peremptory legal principle of the equal and
effective protection of the law and non-discrimination determines that, when regulating
mechanisms for granting nationality, States must abstain from producing regulations
that are discriminatory or have discriminatory effects on certain groups of population
when exercising their rights. Moreover, States must combat discriminatory practices at
all levels, particularly in public bodies and, finally, must adopt the affirmative measures
needed to ensure the effective right to equal protection for all individuals.
142. States have the obligation not to adopt practices or laws concerning the granting
of nationality, the application of which fosters an increase in the number of stateless
persons. This condition arises from the lack of a nationality, when an individual does
not qualify to receive this under the State’s laws, owing to arbitrary deprivation or the
granting of a nationality that, in actual fact, is not effective. Statelessness deprives an
individual of the possibility of enjoying civil and political rights and places him in a
condition of extreme vulnerability.”
76. The principles emerging from the case-law of the Inter-American
Court of Human Rights concerning the right to nationality were confirmed in
Expelled Dominicans and Haitians v. Dominican Republic (preliminary
objections, merits, reparations and costs, judgment of 28 August 2014,
Series C No. 282, §§ 253-64).
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