• to foundlings found in the territory of a Contracting State;
• at birth, by operation of law, to a person born elsewhere if the nationality
of one of the parents at the time of birth was that of the Contracting State;
• upon application, as prescribed by national law, to a person born
elsewhere if the nationality of one of the parents at the time of the birth
was that of the Contracting State (the application may be subject to one
or more of the following: a fixed period in which the application may
be lodged, specific residency requirements, no conviction of an offence
against national security, and/or that the person has always been stateless).
On the loss or renunciation of nationality (Articles 5, 6, and 7)
Loss or renunciation of nationality should be conditional upon the prior
possession or assurance of acquiring another nationality. An exception
may be made in the case of naturalized persons who, despite notification
of formalities and time-limits, reside abroad for a fixed number of years
and fail to express an intention to retain nationality. A naturalized person,
in this instance, is a person who has acquired nationality upon applying
to the Contracting State concerned, and that Contracting State could have
refused the application. Loss of nationality may only take place in accordance
with law and accompanied by full procedural guarantees, such as the
right to a fair hearing by a court or other independent body.
On the deprivation of nationality (Articles 8 and 9)
No one should be deprived of a nationality if that deprivation will result
in statelessness except when:
• nationality is obtained by misrepresentation or fraud;
• the individual has committed acts inconsistent with a duty of loyalty
either in violation of an express prohibition or by personal conduct
seriously prejudicial to the vital interests of the State;
• the individual has made an oath or formal declaration of allegiance to
another State or repudiated allegiance to the Contracting State;
• a naturalized citizen who has lost the effective link to the Contracting
State and, despite notification, fails to express an intention to retain
that nationality.
A Contracting State 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.
41
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