4.2.3 Avoidance of statelessness upon change in civil status Article 5(1) of the 1961 Convention provides: 1. If the law of a Contracting State entails loss of nationality as a consequence of any change in the personal status of a person such as marriage, termination of marriage, legitimation, recognition or adoption, such loss shall be conditional upon possession or acquisition of another nationality. Although there is no express provision in Danish legislation providing for the loss of Danish nationality upon a change in civil status, in practice, the termination of a family relationship that was the basis of acquisition of Danish nationality can lead to a determination that Danish nationality was never acquired, e.g. in a situation where the registered Danish father was found not to be the father. The acquisition of Danish nationality is considered null and void. However, in such situations, the Danish Parliament/the Naturalization Committee may remedy situations of statelessness by granting citizenship regardless of whether the normal naturalization criteria are fulfilled.297 Still, it should be further examined whether the lack of legislation on prevention of loss of nationality in the context of termination of family relationships could be at variance with Article 5(1) of the 1961 Convention. 4.2.4 Avoidance of statelessness in the context of renunciation, loss or deprivation of nationality National terminology regarding loss or deprivation of nationality varies among states. Because the distinctions are often unclear, and the consequences are the same, loss and deprivation of nationality are discussed together. Both mechanisms must be analyzed in terms of relevant international norms and standards.298 Articles 7, 8, and 9 of the 1961 Convention contain detailed provisions governing the loss, renunciation, and deprivation of nationality. Article 7(1) generally prevents states parties from permitting renunciation of nationality “unless the person concerned possesses or acquires another nationality.” Article 7(2) contains a similar safeguard against statelessness applicable in situations where the person concerned is seeking naturalization in a foreign country. Article 7(3) establishes safeguards against statelessness for nationals abroad. In addition, Article 7(6) prohibits automatic loss of nationality if it would render the person stateless, with certain enumerated exceptions. Article 8 governs deprivation of nationality. Article 8(1) provides, “A Contracting State shall not deprive a person of its nationality if such deprivation would render him stateless.” Articles 8(2) through 8(4) contain certain enumerated exceptions, as well as important procedural safeguards. Article 9 provides in its entirety: “A Contracting State may not deprive any person or group of persons of their nationality on racial, ethnic, religious or political grounds.” Renunciation of Danish nationality is possible in cases where a person wishes to become a foreign national. The renunciation is accepted on the condition that the person acquires the other nationality within a certain timeframe. If a Danish national is also a foreign national and resides abroad, release cannot be denied, according to Section 297 Cf. above in section 4.2.1.4. about the practice introduced in 2013. 298 See Human Rights Council, Twenty-fifth session, Annual report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary-General, “Human rights and arbitrary deprivation of nationality: Report of the Secretary-General,” 19 December 2013, A/HRC/25/28. (discussing the ambiguity of terms and noting, “A common approach, which is applied in the 1961 Convention on the Reduction of Statelessness, is to refer to “loss” with regard to the automatic lapse of nationality, ex lege and without State interference, and “deprivation” for administrative and judicial acts of competent national authorities invoking a stipulation of the nationality law to withdraw nationality. While “loss” and “deprivation” cover two distinct processes, they both lead to the same outcome: the person concerned is no longer considered a national by the State, and if he or she does not hold another nationality, this leads to statelessness.”) UNHCR Representation for the Nordic and Baltic Countries 71

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