discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. 37 20. Article 26 explicitly extends beyond the rights otherwise granted in the ICCPR, so that although the right to nationality is not explicitly set out in the ICCPR (other than in relation to children), Article 26 prohibits discrimination in the context of nationality law. The Human Rights Committee has found that the right to equality and non-discrimination applies to the context of naturalisation. 38 21. Not every distinction or differentiation amounts to unlawful discrimination. Rather, in order to assess if a distinction amounts to discrimination, we must consider 1) the ground on which the distinction is made, 2) whether the measure has a legitimate objective and 3) whether the means chosen to pursue the objective are proportional. 39 V ARBITRARY DEPRIVATION OF NATIONALITY 22. In addition to the treaty obligations outlined above, there is strong international consensus that the prohibition of arbitrary deprivation of nationality, is a fundamental principle of international law. 40 37 ICCPR (n 8) art 26. Human Rights Committee, Views: Communication No. 2001/2010, 113th sess, UN Doc CCPR/C/113/D/2001/2010 (19 March 2015) 11–12 [7.2]–[7.3]. In the context of a discriminatory refusal of an exemption from language requirements in an application for naturalization, it was stated that 38 The Committee recalls that article 26 provides an autonomous right prohibiting discrimination in law or in fact in any field regulated and protected by public authorities and that the application of the principle of non-discrimination contained in article 26 is not limited to those rights which are provided for in the Covenant. When legislation is adopted by a State party, it must comply with the requirement of article 26 that its content should not be discriminatory… The Committee recalls that neither the Covenant nor international law in general spells out specific criteria for the granting of citizenship through naturalization and that States are free to decide on such criteria. 8 However, when adopting and implementing legislation, States parties’ authorities must respect the applicants’ rights enshrined in article 26. The Committee recalls in this respect that article 26 requires reasonable and objective justification and a legitimate aim for distinctions that relate to an individual’s characteristics enumerated in article 26, 9 including ‘other status’ such as disability. See also Human Rights Committee, Views: Communication No. 172/1984, UN Doc CCPR/C/OP/2 (1990) [12.4.]. 39 See Human Rights Committee, General Comment No. 18: Non-Discrimination, UN Doc HRI/GEN/1/Rev.9 (Vol.1) (10 November 1989) [7], [13] (‘General Comment No 18’). 40 This status is supported by the UN Human Rights Council and the UNHCR: Human Rights Council, Human Rights and Arbitrary Deprivation of Nationality: Report of the Secretary-General, UN Doc A/HRC/13/34 (14 December 2009) [21]–[22] (‘Human Rights Council 2009’); UN Human Rights Council, Human Rights and Arbitrary Deprivation of Nationality: Report of the Secretary-General, UN Doc A/HRC/25/28 (19 December 2013) [38] (‘Human Rights Council 2013’); UNHCR, Guidelines on Statelessness No 5: Loss and Deprivation of Nationality under Articles 5-9 of the 1962 Convention on the Reduction of Statelessness, UN Doc HCR/GS/20/05 (May 2020) [85] (‘Guidelines No 5’). Further, a number of decisions by regional and international courts have referred to fundamental or customary position of the prohibition on arbitrary deprivation of nationality: Anudo Ochieng Anudo v Republic of Tanzania (Judgment) (African Court on Human 8

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