The duty to avoid statelessness is “a
administra.ve and other measures.”34
fundamental principle of interna.onal law”32
Regional human rights mechanisms have
and has been acknowledged as an obliga.on
affirmed that States’ discre.on to set the
of customary interna.onal law.33
rules for acquisi.on and loss of na.onality is
limited by their “obliga.on to prevent, avoid
According to the UN Secretary General’s
and reduce statelessness”35 and that “the
Guidance Note on the UN and statelessness,
power to deprive a person of his or her
the avoidance of statelessness exists “as a
na.onality has to be exercised in accordance
corollary” to the right to na.onality itself and
with interna.onal standards, to avoid the risk
“States must make every effort to avoid
of statelessness”.36
statelessness through legisla.ve,
statelessness is that it cannot be lawfully
Importantly, the burden should be on the
pursued if ci.zenship depriva.on results in
depriving State to ensure that statelessness
statelessness.
isn’t a consequence of na.onality
depriva.on. This means that the person
B) Prohibi:on of discrimina:on37
should already have another na.onality, and
The prohibi.on of discrimina.on is one of
not the hypothe.cal access to one. The
the founda.onal tenets of interna.onal
co n s e q u e n c e o f t h e d u t y to avo i d
human rights law and relates to issues of
32
UN Human Rights Council, ‘Human rights and arbitrary depriva.on of na.onality: Report of the SecretaryGeneral’, A/HRC/25/28 (2013), para. 6 <htps://undocs.org/en/A/HRC/25/28>
33
Council of Europe, ‘Explanatory Report to the European Conven.on on Na.onality’, ETS 166 (1977), para. 33
<htps://rm.coe.int/16800ccde7>
34
UN Secretary-General (UNSG), ‘Guidance Note of the Secretary General: The United Na.ons and
Statelessness’ (November 2018), p. 4 <htps://www.refworld.org/pdfid/5c580e507.pdf>
35
Case of the Yean and Bosico Children v. The Dominican Republic, Series C No. 130, Inter-American Court of
Human Rights (IACrtHR), (8 September 2005), para 140. See also Third Report on the Situa.on of Human Rights in
Chile, IACHrtHR OEA/Ser/L/V/II.40, Doc 10, (11 February 1977), at. 80-1.
36
Anudo v Tanzania, Applica.on no. 012/2015 (Judgement) African Court on Human and Peoples’ Rights (22 March
2018), para. 78.
37
Principles, Principle 6 (The Prohibi.on of Discrimina.on), see also e.g. Ar.cle 26 of the Interna.onal Covenant on
Civil and Poli.cal Rights (ICCPR), Ar.cle 9 of the 1961 Conven.on and Ar.cle 5(d)(iii) of the Conven.on on the
Elimina.on of All Forms of Racial Discrimina.on (CERD).
27 | Arbitrary Revoca.on of Na.onality in Bahrain - a Tool of Oppression
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