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serious human rights violations, including torture or cruel, inhuman or
degrading treatment or punishment, enforced disappearances, capital
punishment, flagrant denial of justice and the right to liberty, or arbitrary
deprivation of life.
9.3.
Prohibition against torture and cruel, inhuman or degrading treatment
or punishment
9.3.1. No one shall be subjected to torture or to cruel, inhuman or degrading
treatment or punishment.
9.3.2. Deprivation of nationality is likely to constitute cruel, inhuman or
degrading treatment or punishment, particularly where it results in
statelessness.
9.3.3. Attempted expulsion consequent to deprivation of nationality is likely to
meet the threshold of cruel, inhuman or degrading treatment or
punishment when this leads to:
9.3.3.1. arbitrary detention;
9.3.3.2. a violation of the principle of non-refoulement; or
9.3.3.3. the forcible separation of families.
9.4.
Liberty and security of person
9.4.1. Everyone has the right to liberty and security of the person and no one
shall be subject to arbitrary arrest or detention.
9.4.2. The arbitrary detention of persons who have been deprived of their
nationality is prohibited.
9.5.
Legal personhood
9.5.1. Everyone has the right to recognition everywhere as a person before the
law. All persons are equal before the law.
9.5.2. It is not permissible for States to deny any person’s legal personhood or
their equality before the law through the deprivation of nationality and
denial of the right to enter and remain in their own country.
9.6.
Right to private and family life
9.6.1. Everyone has the right to private and family life.
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