and political as well as ethnic and racial grounds, Article 9 of the CEDAW in relation to
discrimination against women and Article 18 of the CRPD which explicitly addresses
deprivation on the ground of disability. The resolutions on nationality of the Human
Rights Council have also set out a broad range of prohibited grounds for discrimination.
Serves a legitimate purpose and is proportionate
19. The deprivation of nationality must serve a legitimate purpose that is consistent with
international law and, in particular, the objectives of international human rights law.
Deprivation of nationality must be the least intrusive means of those that might achieve
the desired result.
20. Deprivation of nationality must be proportionate to the interest which the State seeks to
protect. This requires a balancing of the impact on the rights of individual and the
interests of the State.
21. In assessing the impact on the individual, consideration must be given to the strength of
the link of the person with the State in question, including birth in the territory, length of
residence, family ties, economic activity as well as linguistic and cultural integration.
The time that has passed since the act in question is also relevant for the assessment as to
whether the gravity of the act justifies deprivation of nationality. The longer the period
elapsed since the conduct, the more serious the conduct required to justify deprivation of
nationality. Some States therefore provide for a limitation period in respect to the time
elapsed between commission of an act and its discovery by the authorities, and between
the discovery and the issuance of the deprivation decision.
22. Also relevant are the consequences of the deprivation of nationality for the person
concerned and his/her family members, in particular loss of the right to reside in the
country of which the person held nationality, as well as of the rights which attach to
residence.
23. Loss and deprivation that result in statelessness will generally be arbitrary because the
impact on the individual far outweighs the interests the State seeks to protect. The 1961
Convention sets out a narrow set of exceptions under which this would not be the case,
striking a balance between the rights of individuals and the legitimate interests of States.
The Convention does not allow reservations to these provisions or for States to otherwise
exclude individuals from the scope of the Convention due to specific types of conduct.
These exceptions are to be interpreted in a restrictive manner.
24. Where it is permissible to deprive an individual of nationality under the 1961 Convention
and international human rights law, it may be appropriate to postpone the act of
deprivation until the person involved has acquired, re-acquired or confirmed nationality
or a permanent residence status elsewhere.
Due process of law requirements under international human rights law and Article 8(4) of
the 1961 Convention
25. Procedural safeguards are essential to prevent abuse of the law. As a result of
developments in international human rights law, such procedural guarantees apply in all
cases of loss and deprivation of nationality and not only to deprivation of nationality as
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