92 | Report on the Situation of Human Rights in the Dominican Republic
regulated in the Convention on the Reduction of Statelessness, the Convention to
Reduce the Number of Cases of Statelessness, and the Convention relating to the
Status of Refugees.
207. Within the Inter-American Human Rights System, the right to nationality was first
recognized in Article XIX of the American Declaration of the Rights and Duties of
Man. Thereafter, Article 20 of the American Convention on Human Rights also
recognized the right to nationality. It reads as follows:
1. Every person has the right to a nationality.
2. Every person has the right to the nationality of the state in whose territory
he was born if he does not have the right to any other nationality.
3. No one shall be arbitrarily deprived of his nationality or of the right to
change it.
208. Under Article 20 of the American Convention, every person has the right to acquire,
retain and change one’s nationality. The right of every person to keep his or her
nationality follows from the Convention provision that absolutely prohibits the
arbitrary deprivation of nationality. 214 The importance that the American
Convention attaches to the right to nationality is corroborated by the fact that it is
among the Convention’s non-derogable rights, which means that it is one of the
rights that, under its Article 27(2), cannot be suspended in case of war, public
danger or other emergency that threatens a State’s independence or security. 215
209. The American Convention upholds the right to nationality in two respects: in the
sense of entitling the individual to a minimum of legal protection in human and
other relations by establishing that individual’s connection to a given State, and in
the sense of protecting the individual from being arbitrarily deprived of his or her
nationality because if the individual were to lose his or her nationality, he or she
would be deprived of all political rights and those civil rights that are based on one’s
213
214
215
women; the Convention on the Rights of Persons with Disabilities, Article 18; and the International Convention
on the Protection of the Rights of All Migrant Workers and Members of Their Families, Article 29.
See, African Charter on the Rights and Welfare of the Child, Article 6; the Arab Charter of Human Rights, Article
29; the Covenant on the Rights of the Child in Islam, Article 7; the European Convention on Nationality, Article
4; and the Commonwealth of Independent States Convention on Human Rights and Fundamental Freedoms,
Article 24.
In its resolution 50/152, the United Nations General Assembly also recognizes how essential the prohibition
banning arbitrary deprivation of nationality is. For its part, in its resolution A/HRC/RES/10/13, the United
Nations Human Rights Council recognizes that the arbitrary deprivation of nationality, especially on
discriminatory grounds such as race, color, sex, language, religion, political or other opinion, national or social
origin, property, birth or other status, is a violation of human rights and fundamental freedoms.
I/A Court H.R., Case of the Girls Yean and Bosico v. Dominican Republic. Preliminary Objections, Merits,
Reparations and Costs. Judgment of September 8, 2005. Series C No. 130, par. 136. Here, the Inter-American
Court has recognized those rights that cannot be suspended as a core of nonderogable rights. Cf. Case of the
Pueblo Bello Massacre v. Colombia. Merits, Reparations and Costs. Judgment of January 31, 2006. Series C No.
140, par. 119; and Case of González et al. (“Cotton Field”), par. 244. See in this regard, Habeas Corpus in
Emergency Situations (Arts. 27(2), 25(1) and 7(6) American Convention on Human Rights). Advisory Opinion
OC-8/87 of January 30, 1987. Series A No. 8, para. 23.
Organization of American States | OAS
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