•
stateless as a child is generally the
Such measures also do not fall within the
an.thesis to the best interests of the
limited set of circumstances permiUng the
child”;53
depriva.on of na.onality. Besides issues
The prohibi.on of deriva.ve loss of
related to na.onal security, the grounds that
na.onality.54
remain most relevant regarding the
depriva.on of na.onality today are those
E) Proxy measures55
rela.ng to fraud or misrepresenta.on in the
States must not use powers to deprive
acquisi.on of na.onality.56 The Human Rights
na.onality for other stated purposes,
Commitee has stated that “loss or
including fraud, with the ulterior purpose of
depriva.on of na.onality can only be
depriving na.onality as a na.onal security
jus.fied where the fraud or
measure. Depriva.on of na.onality for
misrepresenta.on was perpetrated for the
ulterior mo.ves – or as the means to an end
purpose of acquiring na.onality and was
without the necessary due process and not
material to its acquisi.on”.57
related to inten.onal fraudulent acts to the
acquisi.on of that na.onality – does not
Measures that cause de facto depriva.on of
meet the high standards set out by
na.onality, such as restric.ng a person’s
interna.onal law on due process
ability to leave or enter their country of
requirements and arbitrariness more broadly.
na.onality or limi.ng access to travel
Children of Nubian Descent in Kenya v Kenya (2011), Communica.on no. 002/Com/002/2009, African Commitee
of Experts on the Rights and Welfare of the Child (ACERWC) (22 March 2011) para. 46 <htps://www.refworld.org/
cases,ACERWC,4f5f04492.html>
53
54
Principles, Principle 9.8, see also Art. 8 of the CRC; Art. 9(1) of CEDAW.
55
Ibid., Principle 10.
56
See Tunis Conclusions (n.32) para. 69, sta.ng that provisions rela.ng to loyalty and allegiance to the state have
“been largely superseded by later developments in domes.c na.onality laws”.
57
UN Human Rights Council, ‘Human rights and arbitrary depriva.on of na.onality: Report of the Secretary
General’, A/HRC/25/28, para. 10.
31 | Arbitrary Revoca.on of Na.onality in Bahrain - a Tool of Oppression
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