•
States are required to adopt every appropriate measure, both internally and
in cooperation with other States, to ensure that every child has a nationality
when he/she is born. Therefore, children born to married parents, children
born out of wedlock, and children born to stateless parents all have an equal
right to nationality under international law.
•
The 1957 Convention on the Nationality of Married Women and the 1979
Convention on the Elimination of All Forms of Discrimination against Women seek
to grant women equal rights with men to acquire, change or retain nationality.
In accordance with the principles contained in these Conventions, the husband’s
nationality status should not automatically change the nationality of the wife,
render her stateless, nor make mandatory her acquisition of his nationality.
Deprivation and denial of citizenship
The Universal Declaration of Human Rights stipulates that no one shall be arbitrarily
deprived of nationality. The 1961 Convention and the 1997 European Convention on
Nationality strictly limit the possibilities for States to initiate the loss of citizenship. Any
such loss of nationality must be accompanied by full procedural guarantees and should
not result in statelessness.
Denationalization occurs when a State deprives an individual of citizenship, usually because
the State is engaging in discriminatory practices. Expulsion of the individual usually follows.
To avoid these problems:
•
The basic principle of international law is that no one should be deprived of
nationality if such deprivation results in statelessness.
•
The 1961 Convention on the Reduction of Statelessness makes the following
exceptions to this principle:
– Nationality obtained by misrepresentation or fraud;
– Loss of nationality following residence abroad (see above);
– Acts inconsistent with a duty of loyalty, either in violation of an express
prohibition to render service to another State, or by personal conduct seriously
prejudicial to the vital interests of the State (only if these are specified in
law at the time the Convention was signed); or
– Oath or formal declaration of allegiance to another State or repudiation of
allegiance to the State (only if specified in law at the time the Convention
was signed).
A State Party to the 1961 Convention can only deprive an individual of its
nationality on the previous grounds if stated specifically at the time of signature,
ratification or accession and if in accordance with law and accompanied by
full procedural guarantees, such as the right to a fair hearing. A Contracting
State may not deprive any person or group of persons of their nationality on
racial, ethnic, religious or political grounds.
39
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