A/HRC/25/28
necessarily limited to, the possibility of restoration of nationality.79 In some States, the
review body or court has the authority to directly confer, reinstate or confirm nationality.80
In others, the ruling in appeal does not have direct effect and is, rather, an instruction to the
competent authority in nationality matters to reconsider its position. In such situations,
action by the competent authority is critical to the fulfilment of the effective remedy.81
Furthermore, States should provide reparations, as appropriate, for any related rights
violations suffered.82
V. Documentation attesting nationality
35.
Holding documentation attesting nationality is not imperative to enjoying a
nationality, but may have great practical significance. Most people acquire a nationality
automatically at birth, either jus soli or jus sanguinis, regardless of whether the facts of
their birth have been officially recorded through the act of birth registration.83 Similarly,
where a person once held a document attesting to his or her nationality, but this document
has been lost or destroyed, this should not be conflated with loss of nationality. In the
majority of cases, someone who has become undocumented will still be considered as a
national by his or her State and will often be reissued the requisite documentation upon
request.
36.
Nevertheless, the ability to produce or procure evidence of nationality can be
critical, in practice, to ensuring that a particular individual is — and continues to be —
considered as a national by the State concerned. Furthermore, in certain domestic contexts,
the inability to access forms of documentation which the State in question issues
exclusively to its nationals can mean that a person is not considered as a national.84 Finally,
documentary evidence of the possession of (a second) nationality plays a critical role in the
effective avoidance of statelessness following loss or deprivation of nationality because it
helps the State which seeks denationalization to ascertain whether the consequence would
be statelessness..85
37.
A national passport is the core form of documentary proof of nationality.86 Most
States also provide for the possibility of issuing a nationality certificate or identity card
attesting to nationality.87 In their submissions, many States confirmed the central part that
79
80
81
82
83
84
85
86
87
See A/HRC/13/34, para. 46 and Convention on the Rights of the Child, art. 8. Note that where a
person’s dependents are also affected by the loss or deprivation of nationality, the restoration of
nationality must similarly be extended to them.
Submission from the United States of America.
This may not always be a smooth process; see submission from Statelessness Programme (Tilburg
University).
African Commission on Human and Peoples’ Rights, comm. Nos. 54/91, 61/91, 98/93, 164/97 to
196/97 and 210/98, Malawi African Association and Others v. Mauritania, 11 May 2000,
recommendation 2 regarding national identity documents; Inter-American Court of Human Rights,
Series C, Case No. 130, Yean and Bosico Children v. Dominican Republic, 8 September 2005; also
the compensation scheme for the “erased” of Slovenia following the ruling of the European Court of
Human Rights, application No. 26828/06, Kurić and Others v. Slovenia; and Council of Europe,
Committee on Legal Affairs and Human Rights, “Access to nationality and the effective
implementation of the European Convention on Nationality”, 1 October 2013.
See, for instance, UNHCR, “Birth Registration: A Topic Proposed for an Executive Committee
Conclusion on International Protection, 9 February 2010, EC/61/SC/CRP.5.
Submission from Frontiers Ruwad, with respect to the situation in Lebanon.
See UNHCR Expert Meeting, footnote 12 above.
Submission from the United States of America.
Submissions from Guatemala and Serbia.
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