28. Experts highlighted that states have competence to set the conditions for acquisition and loss of nationality (usually based on family or territorial links) within the limits established by international law. Key relevant limits set by international law include the avoidance of statelessness, non-discrimination, equality between men and women, and non-arbitrariness.11 However, conflicts in nationality laws, lack of safeguards in legislation to prevent statelessness, state succession, discrimination, and administrative or legal barriers to civil registration may lead to statelessness or a risk of statelessness for individuals. International and regional instruments have been established to address these risks, including the UN Convention Relating to the Status of Stateless Persons (1954 Convention), the UN Convention on the Reduction of Statelessness (1961 Convention), and the 1997 European Convention on Nationality (1997 ECN) 12. Recommendation CM/Rec(2009)13 of the Committee of Ministers to member states on the nationality of children, sets out a set of principles with a view to reducing statelessness of children, facilitating their access to a nationality and ensuring their right to a nationality. 29. It was noted during the discussions that deprivation of nationality appeared to be on the rise globally and specifically in Europe, being increasingly used by states as a counterterrorism measure13 or as a sanction for fraudulent acquisition of nationality. 30. Experts agreed that accurate inquiry/determination of whether deprivation would result in statelessness must be part of any decision which can deprive an individual of their nationality. Attention should also be paid to the risk of discrimination as deprivation provisions are likely to apply to marginalised/migrant communities. 31. The Principles on Deprivation of Nationality14 and UNHCR Guidelines No 515 were referred to among available tools and guidance on international standards in this area. 32. It was emphasised that there was a risk that potential statelessness was not adequately determined in decisions on deprivation of nationality, that discrimination occurred against naturalised and/or nationals holding dual nationality, and that due process rules were not 11 See e.g., International Covenant on Civil and Political Rights (Article 24.3), International Covenant on Economic, Social and Cultural Rights (Articles 2.2 and Article 3), Convention of the Rights of the Child (Articles 2, 3, 7 and 8), Convention on the Elimination of All Forms of Discrimination against Women (Article 9), International Convention on the Elimination of All Forms of Racial Discrimination (Article 5(d)(iii)), Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, International Convention on the Rights of All Migrant Workers and Members of their Families, Convention on the Rights of Persons with Disabilities (Article 18), and Universal Declaration on Human Rights (Article 15). 12 European Convention on Nationality, 6 November 1997. 13 See Institute on Statelessness and Inclusion, “The World’s Stateless 2020: Deprivation of Nationality”, (2020); Jules Lepoutre, “Citizenship Loss and Deprivation in the European Union (27+1)”, EUI Working Paper RSCAS 2020/29, Robert Schuman Centre for Advanced Studies, Global Governance Programme-392, GLOBALCIT (2020); Emilien Fargues, Iseult Honohan, “Revocation of Citizenship: The New Policies of Conditional Membership”, EUI Working Paper RSC 2021/23, Robert Schuman Centre for Advanced Studies, Global Governance Programme-438, GLOBALCIT (2021). 14 See Institute on Statelessness and Inclusion - Principles on Deprivation of Nationality as a Security Measure 15 See UNHCR Guidelines on Statelessness No. 5: Loss and Deprivation of Nationality under Articles 5-9 of the 1961 Convention on the Reduction of Statelessness 13

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