International Human Rights Norms and the 1961 Convention
1. Article 15 of the 1948 Universal Declaration of Human Rights (UDHR) establishes the
right of every person to a nationality and prohibits arbitrary deprivation of nationality.
The right to a nationality is fundamental for the enjoyment in practice of the full range of
human rights. The object and purpose of the 1961 Convention is to prevent and reduce
statelessness, thereby ensuring every individual’s right to a nationality. The Convention
does so by establishing rules for Contracting States on acquisition, renunciation, loss and
deprivation of nationality.
2. Under the general rules of treaty interpretation (1969 Vienna Convention on the Law of
the Treaties, Articles 31-33), the ordinary meaning of the terms used in the 1961
Convention must be read in their context and taking into account the object and purpose
of the Convention. They must also be read in light of subsequent developments in
international law, in particular, international human rights law. Universal human rights
treaties of relevance include the 1965 International Convention on the Elimination of All
Forms of Racial Discrimination (CERD), the 1966 International Covenant on Civil and
Political Rights (ICCPR), the 1979 Convention on the Elimination of All Forms of
Discrimination against Women (CEDAW), the 1989 Convention on the Rights of the
Child (CRC) and the 2006 Convention on the Rights of Persons with Disabilities
(CRPD). Regional human rights instruments are also relevant, including the 1969
American Convention on Human Rights, the 1990 African Charter on the Rights and
Welfare of the Child, the 1995 CIS Convention on Human Rights and Fundamental
Freedoms; the 1997 European Convention on Nationality, the 2004 Arab Charter on
Human Rights, the 2005 Covenant on the Rights of the Child in Islam, and the 2006
Council of Europe Convention on the Avoidance of Statelessness in relation to State
succession. Several participants asserted that as a result of State practice, such as
ratification of the treaties mentioned above and adoption by consensus of many
international resolutions on nationality, the prohibition of arbitrary deprivation of
nationality and the related principle that statelessness is to be prevented have crystallized
as norms of customary international law.
Impact of gender equality norms on the interpretation of provisions of the 1961 Convention
3. The principle of gender equality enshrined in the ICCPR and CEDAW must be taken into
account when interpreting the 1961 Convention. In particular, CEDAW Article 9(1)
guarantees that women shall enjoy equality with men in their ability to acquire, change or
retain their nationality. Of particular importance for the interpretation of the loss
provisions of the 1961 Convention is the fact that Article 9 prescribes that the States
Parties shall ensure that neither marriage to an alien nor change of nationality by the
husband during marriage shall automatically change the nationality of the wife, render her
stateless or force upon her the nationality of the husband. Under CEDAW Article 9(2)
States must also grant women equal rights with men with respect to the nationality of
their children.
4. Prior to the adoption of the ICCPR (1966) and CEDAW (1979), many nationality laws
discriminated on the basis of gender. The 1961 Convention acknowledges that
statelessness can arise from conflicts of laws in cases of marriage between nationals of
different States. Article 5(1) of the 1961 Convention therefore prohibits statelessness
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