I. The Right to Nationality
A. THE RIGHT TO NATIONALITY FOR EVERY
INDIVIDUAL
A.1 Right to nationality and the ‘genuine link’ test
The right to nationality is embodied under Article 15 of
the UDHR which clearly states that everyone has the right to
nationality and that ‘no one shall be arbitrarily deprived of his
nationality, nor denied the right to change his nationality’.20 The
UDHR, including Article 15 has achieved the status of customary
international law and is binding on all States.21 The right of every
individual to have nationality is guaranteed by a multitude of
international legal instruments.22 This recognition of nationality
also extends to the ‘change, retention…[and] acquisition’ of
nationality.23 Thus, under treaty and customary international
law, every individual has a right to nationality. It follows that
stateless persons in India and precarious citizens in Assam also
have a determinate right to nationality.
20 Universal Declaration of Human Rights (adopted 10 December 1948) UNGA Res 217 A(III) (UDHR) art
15.
21
Anudo Ochieng Anudo v United Republic of Tanzania App no 012/ 2015 (ACtHPR, 22 March 2018) [76].
22 Such as the International Convention on the Elimination of All Forms of Racial Discrimination
(ICERD), the International Covenant on Civil and Political Rights (ICCPR) (Article 24 (3)), the
Convention on the Rights of the Child (CRC), the Convention on the Nationality of Married Women
(CNMW), the Convention on the Rights of Persons with Disabilities (CRPD) (Article 18) and the
International Convention on the Protection of the Rights of All Migrant Workers and Members of
Their Families (CRMW), among others.
23 Such as Article 9 of the Convention on the Elimination of All Forms of Discrimination Against Women
(CEDAW). See Ruma Mandal and Amanda Gray, ‘Out of the Shadows: The Treatment of Statelessness
under International Law’ (Briefing Paper, International Law Programme, October 2014) Chatham
House, The Royal Institute of International Affairs <https://www.chathamhouse.org/sites/default/
files/field/field_document/20141029StatelessnessMandalGray.pdf> accessed 10 March 2020.
chapter i • status
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SECTION I.A.1