PRINCIPIOS SOBRE LA PRIVACIÓN DE LA NACIONALIDAD COMO MEDIDA DE SEGURIDAD NACIONAL FOREWORD FIONNUALA NÍ AOLÁIN* I welcome these Principles as an important contribution to the legal and political debates concerning deprivation of nationality. As Special Rapporteur on the Protection and Promotion of Human Rights and Fundamental Freedoms while Countering Terrorism I am profoundly aware of the increased use of nationality deprivation as a security and counter-terrorism measure. Such use has profound human rights consequences for individuals, families and communities. I affirm that statelessness is a distinctly vulnerable status, one that does not merely involve the loss of nationality but has attendant consequences for the protection of a range of fundamental rights. Nationality remains an entry point for individuals and groups to access civil, political, social, economic and cultural rights. Deprivation of nationality cuts an individual off from the capacity to meaningfully exercise such rights and gain protection in multiple dimensions. The knock-on effect of the deprivation of nationality is felt by dependents so that even apparently singular deprivation has a collective effect. Security challenges are genuine and keenly felt by many states, but as Special Rapporteur I fundamentally maintain that rights and security are not at odds. Rather, it is only through the meaningful enforcement of rights that security in all its dimensions will be realized for states and individuals. It remains essential that States respect safeguards established by international human rights law around the prohibition of arbitrary deprivation of nationality. These safeguards include nondiscrimination, fair process, legal representation, the opportunity to effectively challenge decisions before an independent body, ideally of judicial nature and reparations. Decisions must respect the absolute prohibition on refoulement and take due consideration of the impact on human rights, including the right to private and family life, as well as the impacts on the rights of the child. Legal safeguards around the prohibition of arbitrary deprivation of nationality are imperative as loss of nationality has serious human rights consequences many of which may be irreparable. * Professor Fionnuala Ní Aoláin, Regents Professor University of Minnesota and Professor of Law, the Queens University of Belfast, Northern Ireland, United Nations Special Rapporteur on the Protection and Promotion of Human Rights and Fundamental Freedoms while Countering Terrorism

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