A/HRC/10/34
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by a husband. In its general comment No. 21, the Committee on the Elimination of
Discrimination against Women stated that: “Nationality should be capable of change by an adult
woman and should not be arbitrarily removed because of marriage or dissolution of marriage or
because her husband or father changes his nationality.”8
56. In order to fulfil minimum procedural standards, decisions on deprivation of nationality
must be issued with reasons in writing and be subject to a review by a court or other independent
body. Procedural safeguards are essential to prevent abuses in the application of the law. As a
result, the right to a review against deprivation of nationality is guaranteed by article 8,
paragraph 4, of the Convention on the Reduction of Statelessness.
57. In explaining the scope of the prohibition against arbitrary deprivation of nationality in
article 16 of the Draft Articles on Nationality of Natural Persons in relation to the Succession of
States, the commentary of the International Law Commission sets out that the “purpose of the
article is to prevent abuses which may occur in the process of the application of any law or treaty
which, in themselves, are consistent with the present draft articles”. This is supplemented by
article 17 of the Draft Articles which requires that “relevant decisions shall be issued in writing
and shall be open to effective administrative or judicial review”. The commentary to article 17
elaborates: “The elements spelled out in this provision represent minimum requirements in this
respect. … The requirement of giving reasons for any negative decisions concerning nationality
should be considered as one of the prerequisites of an effective administrative or judicial review
which is implicitly covered.”
58. The European Convention on Nationality, as a regional treaty dealing comprehensively
with nationality issues, also contains important procedural standards on deprivation of
nationality, notably that decisions shall contain reasons in writing (art. 11) and that decisions
shall be open to an administrative or judicial review in conformity with internal law (art. 12).
59. Persons who have been arbitrarily deprived of their nationality must have access to an
effective remedy, in particular restoration of nationality, issuance of documents allowing the
individual to make nationality effective and registration as a national in relevant registries.
Article 8, paragraph 2, of the Convention on the Rights of the Child, expressly stipulates:
“Where a child is illegally deprived of some or all of the elements of his or her identity
[including nationality], States Parties shall provide appropriate assistance and protection, with a
view to re-establishing speedily his or her identity.” The Human Rights Council, in its
resolution 7/10, calls upon States to ensure that an effective remedy is available to persons who
have been arbitrarily deprived of their nationality. UNHCR’s Executive Committee, for its part
has “call[ed] on States […] to assist stateless persons to access legal remedies to redress
statelessness, in particular that which results from arbitrary deprivation of nationality”.9 Access
to effective remedies often relies on providing proof for personal identification, a task frequently
8
CEDAW, general recommendation No. 21, para. 6.
9
Executive Committee conclusion No. 102 (LVI) - 2005, para. (y).