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. 11

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