A/78/256 III. Overview of nationality laws and statelessness A. International and regional frameworks on the right to nationality and the prevention of statelessness 4. According to the 1954 Convention relating to the Status of Stateless Persons, stateless persons are individuals who are not considered as nationals under the operation of the law of any country. Statelessness negatively affects the funda mental rights protected by the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. As such, international law explicitly recognizes the universal right to a nationality; in the Universal Declaration of Human Rights, the link between nationality and the enjoyment of other human rights is also acknowledged. 5 International customary law and general principles of international law and treaties recognize the sovereign rights of States to bestow nationality, although it is underscored that States must comply with their obligations concerning the granting and loss of nationality. Limitations on the discretion of States with regard to nationality matters include a negative duty to prevent statelessness as well as to ensure equality and non-discrimination. 6 5. As nationality itself is a right and grants access to other derivative human rights, international human rights instruments prohibit States from arbitrarily depriving individuals of their nationality. The Human Rights Committee, in its general comment No. 16 (1988) on the right to privacy, established that the arbitrary deprivation of nationality is incompatible with the provisions and objectives of international human rights law (para. 4). In its most recent resolution 53/16 on the right to a nationality, the Human Rights Council reiterates the concern that the arbitrary deprivation of nationality may result in intergenerational statelessness. As noted in the report of the Secretary-General on human rights and arbitrary deprivation of nationality, the consequences of any withdrawal of nationality must be carefully weighed against the gravity of the behaviour or offence for which denatio nalization is prescribed (A/HRC/25/28, para. 4). Given the severity of the consequences of statelessness, the loss or deprivation of nationality cannot be justified as a proportional measure or on any grounds (ibid.). 6. In 1957, the Convention on the Nationality of Married Women became the first document at the international level to enshrine the principle of the independent nationality of married women. It was a precursor to article 9 of the Convention on the Elimination of All Forms of Discrimination Against Women, which establishes the obligation of States parties to uphold women’s rights to acquire, change or retain their nationality and to confer their nationality on their children on an equal basis wit h men. While several countries have made reservations to the article, the legality of such reservations has been called into question for being incompatible with the object and purpose of the Convention and in direct opposition to its non -discrimination principle. The Committee on the Elimination of Discrimination Against Women has __________________ 5 6 4/23 Nationality refers to the status of belonging to a particular nation, whether by birth or naturalization. It constitutes a legal relationship between an individual person and a State. The terms nationality and citizenship are used interchangeably in the present report. International and regional human rights treaties that enshrine protection against discrimination include Articles 1, paragraph 3, 55 and 56 of the Charter of the United Nations, article 2 of the Universal Declaration of Human Rights, article 2 of the International Covenant on Civil and Political Rights, article 2 of the Convention on the Rights of the Child, article 1 of the Convention on the Elimination of All Forms of Discrimination Against Women, art icle 5 of the European Convention on Nationality, article 1 of the American Convention on Human Rights, article 3 of the African Charter on the Rights and Welfare of the Child and article 2 of the African Charter on Human and Peoples’ Rights. 23-14780