parent may directly impact a child’s citizenship,
his or her ability to repatriate and ability to enjoy his or her rights. As summarized below, international law prohibits arbitrary deprivation of
nationality regardless of whether it leaves
the concerned person stateless or not. In addition, States parties to the 1961 Convention on the
Reduction of Statelessness may generally not
deprive persons of citizenship when it would
leave them stateless, except under certain
narrow exceptions.152 Further, in reality, the denial or
deprivation of nationality has not been
shown to be an effective counter-terrorism
measure. Rather, it is increasingly understood to be
potentially counterproductive to security aims
for a number of reasons.153 Such measures can
prevent return, rehabilitation and reintegration of individuals who may want to leave a
terrorist organization and who do not, or no
longer, constitute a threat, while conferring the
risk of threat to host countries and local populations.154
87.
Given the significance of nationality
and its importance to the enjoyment of other
rights, as well as States’ responsibilities, the
present section examines the overarching
principles concerning the right to nationality,
prohibition of arbitrary deprivation and denial
of nationality, and prevention of statelessness
152 Parties must have filed an appropriate declaration at
the time of ratification or accession. See Convention on the
Reduction of Statelessness (1961), art. 8.
153 Council of Europe Parliamentary Assembly resolution
2263 (2019), available at http://assembly.coe.int/nw/xml/
XRef/Xref-XML2HTML-EN.asp?fileid=25430&lang=en.
among all children, including those affected
by the foreign fighter phenomenon. The section
also briefly examines human rights concerns in
relation to discriminatory nationality laws and the
use of DNA tests to establish a child’s nationality.
2.1 International Law and Standards
2.1.1 The Right to Nationality
88.
The right to a nationality is a fundamental
human right. A number of international
conventions and the Universal Declaration of
Human Rights provide for this right.155 Under the
Convention on the Rights of the Child, all children
should be registered immediately after birth and
are entitled to a name and a nationality.156 In
addition, States that are party to the 1961
Convention on the Reduction of Statelessness
must provide nationality to children born on their
territory who would otherwise be stateless.157
155 International Covenant on Civil and Political Rights
(1966), art. 24(3); Convention on the Rights of the Child (1989),
art. 7(1); Universal Declaration of Human Rights (1948), art.
15(1); Convention on the Rights of Persons with Disabilities
(2006), art. 18; International Convention for the Protection of
All Persons from Enforced Disappearance (2007), art. 25(4); International Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families (1990), art.
29; Convention on the Elimination of All Forms of Discrimination Against Women (1979), art. 9; International Convention on
the Elimination of All Forms of Racial Discrimination (1960),
art. 5(d)(iii); Convention on the Nationality of Married Women
(1957), arts. 1, 2, 3; African Charter on the Rights and Welfare
of the Child (1990), art. 6; Protocol to the African Charter on
Human and Peoples’ Rights on the Rights of Women in Africa (2003), art. 6(g); Covenant on the Rights of the Child in
Islam (2005), art. 7; American Declaration of the Rights and
Duties of Man (1948), art. xix; American Convention on Human
Rights (1969), art. 20; Arab Charter on Human Rights (2004),
art. 29; Commonwealth of Independent States Convention
on Human Rights and Fundamental Freedoms (1995), art. 24;
Resolution of the Asian African Legal Consultative Organization (2006) on legal identity and statelessness, arts. 3, 4, 5.
154 United Nations Counter-Terrorism Implementation Task
Force Working Group on Promoting and Protecting Human
Rights and the Rule of Law while Countering Terrorism, Guidance to States on human rights–compliant responses to the
156 Convention on the Rights of the Child (1989), art. 7(1).
threat posed by foreign fighters (2018), 22-23; Council of Europe Parliamentary Assembly resolution 2263 (2019), para. 8. 157 Convention on the Reduction of Statelessness (1961), art. 1,
40.