were born abroad and are not resident in the State when they attain majority, provided certain other conditions are met. > Measures to avoid statelessness due to deprivation of nationality Articles 8 and 9 of the 1961 Convention deal with the deprivation of nationality. States may not deprive any person of their nationality on racial, ethnic, religious or political grounds. Deprivation of nationality that results in statelessness is also prohibited, except where the individual obtained nationality by misrepresentation or fraud. States may retain the right to deprive a person of his or her nationality even if this leads to statelessness where he or she has committed acts inconsistent with the duty of loyalty to the State or has made an oath or formal declaration of allegiance to another State. In deciding whether to deprive an individual of his or her nationality, the State should consider the proportionality of this measure, taking into account the full circumstances of the case. Due process guarantees need to be respected throughout the procedure regarding deprivation. > Measures to avoid statelessness in the context of State succession State succession, such as the cession of territory by one State to another and the creation of new States, can lead to statelessness unless proper safeguards are in place. Avoidance of statelessness in such cases is essential to promoting social inclusion and stability. Article 10 addresses the specific context of State succession and asks States to include provisions to ensure the prevention of statelessness in any treaty dealing with the transfer of territory. When no treaty is concluded, the State(s) involved shall confer its/their nationality on those who would otherwise be stateless as a result of the transfer of territory. CDOES THE 1961 CONVENTION REQUIRE STATES TO ADOPT THE JUS SOLI DOES DOES THE 1961 CONVENTION REQUIRE STATES TO ADOPT THE JUS SOLI DOCTRINE?- N o. The 1961 Convention does not compel States to confer nationality to all children born on their soil (jus soli doctrine) or to all children born to one of their nationals (jus sanguinis doctrine). It recognises the legitimacy of both birthplace and descent as criteria for acquisition of nationality at birth. The Convention therefore contains safeguards to avoid statelessness based on both doctrines. Where a child would otherwise be stateless and has a link based on birth on the territory or to a national, the 1961 Convention requires States Parties to grant nationality. Such conferral of nationality may be made subject to a number of additional conditions. Preventing and R e d u c i n g S t a t e l e ss n e ss 5

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