SAHNI ARTICLE 3.3.21 (WORD) (DO NOT DELETE)
112
Gonzaga Journal of International Law
I.
5/6/2021 7:21 PM
Vol. 24:2
INTRODUCTION
The United Nations General Assembly adopted the Universal
Declaration of Human Rights (UDHR)1 on 10 December 1948. Forty-eight
out of fifty-eight Member States voted to pass the instrument.2 These
progressive States were: Afghanistan, Argentina, Australia, Belgium,
Bolivia, Brazil, Burma, Canada, Chile, China, Colombia, Costa Rica, Cuba,
Denmark, Dominican Republic, Ecuador, Egypt, El Salvador, Ethiopia,
France, Greece, Guatemala, Haiti, Iceland, India, Iran, Iraq, Lebanon,
Liberia, Luxembourg, Mexico, Netherlands, New Zealand, Nicaragua,
Norway, Pakistan, Panama, Paraguay, Peru, Philippines, Siam (Thailand),
Sweden, Syria, Turkey, United Kingdom, United States, Uruguay, and
Venezuela.3 The remaining Member States abstained or declined to exercise
franchise: Byelorussian SSR, Czechoslovakia, Poland, Saudi Arabia,
Ukrainian SSR, Union of South Africa, USSR, Yugoslavia, Honduras and
Yemen.4
The voting States therein represented the first global consensus to
recognize a right to nationality. Their affirmation that the right could apply
under international law, as well as their own domestic legal systems, is truly
relevant. It confirms that the possession of nationality and its accompanying
rights are fundamental to protect an individual. Having a nationality shields
a person politically in the nation(s) he or she belongs to and interacts with.
On a local level, a right to nationality is a crucial precautionary measure
to reside securely in one’s country.5 For example, pandemics such as COVID19 demonstrate the health care costs and logistical impediments that confront
States. Overwhelmed or cautious States in response may require non-citizens
to exit.
A right to nationality is also a crucial transnational precautionary
measure that allows one to manifest his or her mobility rights 6 unhindered.
One can cross borders for travel, work, educational, or residential purposes.
Otherwise, a person who lacks a nationality is stateless7 and is barred
invariably from entering or remaining in other countries.
Article 15 of the UDHR reflects the above safeguards. It enunciates three
components of the right to nationality. Each individual is entitled to have a
1.
G.A. Res. 217 (III) A, Universal Declaration of Human Rights (Dec. 10, 1948)
[hereinafter UDHR].
2.
Social, Humanitarian and Cultural Questions, 1948-49 Y.B. on H.R. 535, U.N.
Sales No. 1950.I.II.
3.
Id.
4.
Id.
5.
Id. at art. 13(1).
6.
Id. at art. 13(2).
7.
Convention Relating to the Status of Stateless Persons, Sept. 28, 1954, 360
U.N.T.S 117 (entered into force June 6, 1960) [hereinafter 1954 Stateless Convention] (“For
the purpose of this Convention, the term “stateless person” means a person who is not
considered as a national by any State under the operation of its law.”).