on the Rights of Persons with Disabilities.121 In addition, States must establish
that any deprivation of nationality is not based on conduct by which an
individual is enjoying their right to freedom of expression, freedom of
assembly or other rights guaranteed under international human rights law.122
A decision to deprive someone of their nationality should be proportional,
meaning that States must balance the interest that they are trying to protect
with the impact of deprivation on the individual and their families.123
The provisions related to the deprivation of nationality included in this
Regional Toolkit on Nationality Legislation are drafted in such a way as to
direct a decision maker to review all the circumstances of individual cases
of potential deprivation with a view to arriving at a proportional result. In
all instances, deprivation must be proportional in light of the severity of the
conduct, the time that has passed since the conduct, and the consequences
of the deprivation of nationality for the person involved and the members
of the family.124 The particular vulnerabilities of all members of affected
families should be considered when arriving at a decision. In cases where
international law would permit statelessness as a result of deprivation
of nationality, it should be avoided, as the severe consequences for the
individual would generally not be proportional to the potential harm to the
State. In relation to the provision on fraudulent acquisition of a nationality,
the provision directs a decision maker to pay particular attention to the best
interest of the child in the case of fraud perpetuated by a guardian on behalf
of a child, keeping in mind that it is never in the best interests of the child to be
left without a nationality.125 Similarly, it would not be proportional to impose
statelessness upon children by extension because their parents are deprived
of nationality. This rule should apply even if the conduct of the parents was so
serious as to allow for deprivation of nationality resulting in statelessness.126
Application
Iraq has taken substantial steps to ensure that their law does not allow
for the arbitrary deprivation of nationality. Prior to 2006, Iraq’s nationality
law, Law No. 46 of 1963, provided that the Minister may deprive aliens of
nationality if they have attempted to commit an act ‘dangerous to the State’s
security and safety.’127 This formulation of the law affords scope for the
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