A/HRC/25/28
C.
Effect of loss or deprivation of nationality
23.
Loss or deprivation of nationality renders the person concerned an alien with respect
to their former State of nationality, causing them to forfeit the rights they held as nationals.
This may cause cumulative human rights violations, which can be especially severe if the
effect of loss or deprivation of nationality is statelessness.47 This section provides an
overview of a number of other issues relating to the effect and consequences of
denationalization.
Extension to dependents
24.
International law recognizes the independent nationality rights of women48 and
protects the child’s right “to preserve his or her identity, including nationality”.49 Providing
for the extension of the loss or deprivation of nationality to a person’s dependents —
spouse or children — is therefore problematic. Although already covered in the general rule
elaborated in both instruments that no loss or deprivation of nationality should lead to
statelessness, the 1961 Convention (art. 6) and the European Convention on Nationality
(art. 7, para. 2) also explicitly prohibit the loss or deprivation of the nationality to
dependents if statelessness would result. The extension of loss or deprivation of nationality
to dependents is increasingly rare, especially as regards the extension of deprivation of
nationality to a person’s spouse.50 In the majority of States, loss or deprivation of nationality
is a strictly individualized measure, in accordance with contemporary international
standards.
Status of “stateless person”
25.
Loss or deprivation of nationality continues to cause cases of statelessness. In some
cases, such an act will be contrary to international law. A person who was rendered
stateless in violation of a norm of international law must nevertheless be recognized as a
stateless person in accordance with the definition in article 1, paragraph 1, of the 1954
Convention relating to the Status of Stateless Persons. He or she is entitled to protection as
a stateless person accordingly. This is consistent with the object and purpose of the 1954
Convention.51
Expulsion
26.
One of the core functions of nationality under international law is that it provides the
holder with the right to enter and reside in his or her State. Without this legal bond, the
person concerned — as an alien — becomes subject to immigration law.52 In rendering a
national an alien, loss or deprivation of nationality “make[s] him or her subject to expulsion
47
48
49
50
51
52
Constitutional Court decision of Dominican-born persons of Haitian descent”, press release, 9
October 2013.
See A/HRC/19/43.
1957 Convention on the Nationality of Married Women, art. 1; Convention on the Elimination of All
Forms of Discrimination against Women, art. 9.
Convention on the Rights of the Child, art. 8; 2005 Covenant on the Rights of the Child in Islam,
art. 7, para. 2.
Some States expressly prohibit the extension of loss or deprivation of nationality to spouses or
children; this should be considered good practice. See, for instance, the submission from Indonesia.
UNHCR, Guidelines on Statelessness No. 1, HCR/GS/12/01, para. 49.
Human Rights Committee, general comment No. 15 (1986) on the position of aliens under the
Covenant.
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