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commissioned by the Open Society Justice Initiative (OSJI) of its work supporting litigation on the right to a nationality, and a guide for practitioners litigating the right to nationality supported by OSJI and by the UNHCR. Thanks for comments and contributions are due to participants in workshops and seminars hosted by UNHCR and by the EUI, and to the two anonymous reviewers.

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Filling the Holes in the Rights Framework: Statelessness, Racial Discrimination, Genuine Connections and the Right to a (Specific) Nationality

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Author: Bronwen Manby

Journal / Publisher: International & Comparative Law Quarterly

Volume / issue: Volume 75 , Issue 1

DOI: https://doi.org/10.1017/S0020589326101523

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Description: This article revisits a 2005 critique of international law's tolerance of state discretion over nationality, arguing that normative developments since then have gone further than recent literature recognises. It examines five areas: avoidance of statelessness, due process in nationality loss or deprivation, arbitrary denial, evolving definitions of statelessness, and challenges to racial discrimination. The article highlights the role of strategic litigation and Inter-American and African human rights institutions, and argues that reinterpreting the "genuine connection" condition, historically used to limit diplomatic protection, could establish a positive individual right to claim nationality of a particular state.

Type of resource

Academic publication

Source

Other

Theme

Discrimination
General / Other
Nationality Deprivation

Date published: Apr 10, 2026

Source URL: Direct link

Primary Documents

Manby_Filling_Holes_in_the_Rights_Framework_Final_Draft_ICLQ2026.pdf
English
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Filling the Holes in the Rights Framework: Statelessness, Racial Discrimination, Genuine Connections and the Right to a (Specific) Nationality

Primary Documents

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