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Recalling Article 15 of the Universal Declaration of Human Rights, according to
which everyone has the right to a nationality and no one shall be arbitrarily deprived
of his or her nationality, and asserting that States should ensure that they exercise
their discretionary powers concerning nationality issues in a manner that is
consistent with their international obligations in the field of human rights;
Concerned at the permanent nature of the measure of deprivation of nationality,
and its potential for being unnecessary, without legitimate purpose,
disproportionate, discriminatory, arbitrary and unlawful, while at the same time
being ineffective and subject to abuse;
Equally concerned that the deprivation of nationality can entail or facilitate other
violations of international law, affecting both the person deprived and connected
persons including children, impairing access to a wide range of civil, cultural,
economic, political and social rights, including through: denial of the right to enter
and remain in one’s own country; discrimination; refoulement; torture, cruel, inhuman
or degrading treatment or punishment; deprivation of liberty and security of the
person; denial of access to education, healthcare and housing; denial of legal
personhood; denial of private and family life; denial of access to justice; and denial
of the right to an effective remedy;
Affirming that the prohibition of racial discrimination is a peremptory norm of
international law, and noting that prevailing national laws and practices of
deprivation of nationality are likely to disproportionately target members of
minority or marginalised communities;
Recognising that international law prohibits the expulsion of nationals, as a
measure which undermines international cooperation and the national sovereignty
of other States, and emphasising that it is not a legitimate purpose to deprive
nationality in order to effect expulsion;
Recognising that under relevant UN Security Council, Human Rights Council and
General Assembly Resolutions, States are required and called upon to address
threats to international peace and security, in a manner consistent with international
human rights law, international humanitarian law and international refugee law,
and through a comprehensive approach that addresses underlying factors which can
be conducive to terrorism, including by promoting political and religious tolerance,
good governance, economic development, and social cohesion and full national
inclusion;
These Principles restate international law, reflect existing standards and draw on
practices that guide and limit State power to deprive persons of their nationality as
a purported counter-terrorism and national security measure.
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