1.2. The Relevant International and African Legal
Frameworks
IS THEIR
1.2.1. WHAT
The International
Legal Framework
FIRST
LANGUAGE?
For many decades, nationality was treated as a matter entirely within State sovereignty or State
control. Today, international law recognises that nationality is a human right, and States may not deny
or deprive anyone of their nationality arbitrarily or discriminatorily.[5]
The Hague Convention (1930)
The Hague Convention on Certain Questions
The Universal Declaration of Human
Rights (1948)
Relating to the Conflict of Nationality Laws was
The UDHR later set out, explicitly, that nationality
the first international instrument to clarify that
is a human right:
State sovereignty over nationality must align
with international principles:
“It is for each State to determine under its
own law who are its nationals. This law
shall be recognised by other States in so
far as it is consistent with international
conventions, international custom, and
the principles of law generally recognised
with regard to nationality.”
"Everyone has the right to a nationality.
No one shall be arbitrarily deprived of
[their] nationality nor denied the right to
change [their] nationality.”
– Article 15 of the UDHR
– Article 1of the 1930 Hague Convention
[5] Laura van Waas, ‘Nationality Matters: Statelessness Under
International Law’ ( Intersentia, 2008).
[6]See Section 1.2.3 for an overview of the core human rights treaties
protecting the right to a nationality.
The drivers of migration are often not singular but complex. Some individuals
migrate primarily due to safety and security concerns, while others are driven
by the desire for better living standards and socio-economic opportunities.
This reflects a dual migration pattern, with both safety concerns and socioeconomic factors influencing migration decisions.
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