European States’ Obligations to Repatriate the Children Detained in Camps in Northeast Syria also make sure that the best interests of the children and their right to privacy are respected.255 ii. Revocation of Nationality of Parents and/or Children Revocation of nationality is an extreme measure for individuals and those around them, because it directly and indirectly interferes with the enjoyment of a broad range of rights and significantly hampers individuals’ ability to claim and secure their rights. 256 Therefore, it can be used only in the most exceptional circumstances and, accordingly, is subject to strict limits.257 Under international law, revocation of nationality is permitted only on limited and specific grounds, including when individuals have conducted themselves in a manner seriously prejudicial to the vital interests of the state.258 While the term “vital interests” is sometimes constructed broadly as covering threats to national security,259 as a rule, States shall not deprive persons of nationality for the purpose of safeguarding national security. 260 Any exception to this rule should be interpreted and applied narrowly, only in situations in which it has been determined by a lawful conviction that meets international fair trial standards, proving that the person has conducted themselves in a manner seriously prejudicial to the vital interests of the state.261 The exercise of this narrow exception to deprive a person of nationality is further limited by other standards of international law, including the avoidance of statelessness; the prohibition of discrimination; the rights to a fair trial, remedy, and reparation; and the prohibition of arbitrary deprivation of nationality.262 255 Ibid, para. 99. See also: Jonny Taitz, Jacqueline Weekers and Davide T. Mosca, “The Last Resort: Exploring the Use of DNA Testing for Family Reunification,” Health and Human Rights, Volume 6, Issue 1, 2002, pp. 20-32. 256 See: Helen Duffy “Foreign Terrorist Fighters”: A Human Rights Approach?”, Security and Human Rights Volume 29, Issue 1-4, 2018, p. 149; OSCE/ODIHR, “Guidelines for Addressing the Threats and Challenges of ‘Foreign Terrorist Fighters’ within a Human Rights Framework”, 2018, p. 48. A detailed report of the impact of deprivation of nationality on the enjoyment of human rights is contained in Human Rights Council, “Report of the Secretary-General on Human Rights and Arbitrary Deprivation of Nationality,” A/HRC/19/43, 19 December 2011. 257 Helen Duffy “Foreign Terrorist Fighters”: A Human Rights Approach?”, 2018, p. 149. 258 For more information on various grounds for loss or deprivation of nationality see: ibid. and Human Rights Council, “Report of the Secretary-General on Human Rights and Arbitrary Deprivation of Nationality”, 19 December 2013, A/HRC/25/28, para. 7-12. See also: UNHCR, Guidelines on Statelessness No. 5: Loss and Deprivation of Nationality under Articles 5-9 of the 1961 Convention on the Reduction of Statelessness, HCR/GS/20/05, May 2020. 259 Jules Lepoutre, “Citizenship Loss and Deprivation in the European Union (27 + 1)”, EUI Working Paper RSCAS2020/29, May 2020. 260 OSJI/ISI, Principles on Deprivation of Nationality as a Security Measure, 2020, Principle 4.1. 261 Ibid, Principle 4.3. 262 Ibid, Principle 4.3. 47

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