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D. Owen
undermines the comity of nations because it is akin to ‘throwing into a neighbour’s
field, the stones that incommode us in our own’.46 Moreover, in contexts of presumptive dual nationality that are legitimated as avoiding the creation of statelessness, such denationalization practices simply incentivize a race to denationalization
[as the UK case of Pham (previously B2) v. Home Secretary illustrates]. Even if
we set these considerations aside, however, a further key point remains, as a recent
comment on the UK case makes plain: ‘The provision of security is the core function of the State and it has a duty to prosecute and convict those who jeopardize it.
By excommunicating them without conviction, the British government is shirking
this duty.’47
Arbitrary deprivation can thus be understood as deprivation that fails to acknowledge the ‘genuine link’ between a person and a state and the responsibilities that
adhere to this relationship within the context of an international order of states. In
terms of the right to have a right to not be arbitrarily deprived of one’s nationality, it
is clear that the establishment of such a right is not compatible with an international
order of states in which states have the discretion to determine unilaterally their own
citizenship rules and this is so even if this political order is subject to an effective
binding norm against de jure statelessness.
4 The Right to Change One’s Nationality and the Right to Naturalize
The grounds of the human right to change one’s citizenship that is expressed in
UNDHR Article 15(2) are closely related to the grounds of the human right not to
be prevented from leaving the territory of a state. If these rights to exit from the
territory or from citizenship are denied, citizens (and residents in the territorial
case) are subject to the dominion of the state irrespective of their own choices or
circumstances. From a liberal perspective, denying voluntary renunciation that does
not render a person stateless is an unjustifiable interference with the free choices of
individuals concerning those with whom they choose to engage in civic association.
From a republican point of view, it is a political form of servitude in that it leaves
citizens exposed to the arbitrary power of the state. In this respect, it is a normatively
significant and unjustified feature of global political society that there are a number
of states that do not permit voluntary renunciation of citizenship or only permit it for
naturalised citizens. This is particularly significant because of the central role that
unchosen birthright citizenship plays in securing individuals against statelessness, in
providing stability conditions for the distribution of responsibility for people among
states, and in supporting inter-generational solidarity within states.48 The right to
change one’s nationality is thus a fundamental right that justifies restrictions on state
sovereignty. However, the effective possession of such a right further requires that it
46
Gibney (2013), pp. 646–650.
Bauböck and Paskalev (2015), p. 72.
48
For a justification of birthright citizenship/nationality in the context of a ‘genuine connection’ conception of citizenship, see Bauböck (2017).
47
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