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5.
THE AVOIDANCE OF STATELESSNESS
5.1.
States must not render any person stateless through deprivation of
nationality.
5.2.
An assessment of whether deprivation of nationality will render a person
stateless, is neither a historic nor a predictive exercise. The question to be
answered is whether, at the point of deprivation, the individual is
considered by the competent authority of any other State, as a national
under the operation of its law.
6.
THE PROHIBITION OF DISCRIMINATION
6.1.
A State must not deprive any person or group of persons of their
nationality as a result of direct or indirect discrimination in law or
practice, on any ground prohibited under international law, including
race, colour, sex, language, religion, political or other opinion, national or
social origin, ethnicity, property, birth or inheritance, disability, sexual
orientation or gender identity, or other real or perceived status,
characteristic or affiliation.
6.2.
Each State is bound by the principle of non-discrimination between its
nationals, regardless of whether they acquired nationality at birth or
subsequently, and whether they have one or multiple nationalities.
7.
THE PROHIBITION OF ARBITRARY DEPRIVATION OF NATIONALITY
7.1.
Arbitrary deprivation of nationality
The deprivation of nationality of citizens on national security grounds is
presumptively arbitrary. This presumption may only be overridden in
circumstances where such deprivation is, at a minimum:
7.1.1.
7.1.2.
7.1.3.
7.1.4.
7.1.5.
Carried out in pursuance of a legitimate purpose;
Provided for by law;
Necessary;
Proportionate; and
In accordance with procedural safeguards.
7.2.
Legitimate purpose
7.2.1. The following, among others, do not constitute legitimate purposes for
deprivation of nationality:
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