S TAT E L E S S B Y D E C R E E
39. In regulating the loss and deprivation of nationality, States must ensure that
safeguards to prevent statelessness are incorporated in their domestic law. States
should carry the burden of proving that loss or deprivation of nationality will not
result in statelessness. Where international law recognizes, as a matter of exception,
that loss or deprivation of nationality may lead to statelessness, these exceptions must
be narrowly construed. States
40. Even where loss or deprivation of nationality does not lead to statelessness, States
must weigh the consequences of loss or deprivation of nationality against the interest
that it is seeking to protect, and consider alternative measures that could be imposed.
Under international law, loss or deprivation of nationality that does not serve a
legitimate aim, or is not proportionate, is arbitrary and therefore prohibited.
41. States should review the grounds under which individuals may lose or be deprived
of their nationality with a view to removing any such grounds that are not in
compliance with international law. States should remove legislative or administrative
measures for loss or deprivation on nationality on the basis of a change in civil status
or in response to a serious criminal offence and reconsider the appropriateness of
providing for the loss or deprivation of nationality in response to long-term absence.
In all cases, States must refrain from automatically extending the loss or deprivation
of nationality to a personʼs dependents.
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