IV. International legal framework and OSCE commitments
relating to the prevention of statelessness by, among other means, requiring
that nationality be granted to children born in the territory of a State if they
would otherwise be stateless.
The most detailed standards have been adopted in Europe. Specifically,
the 1997 European Convention on Nationality, adopted by the Council
of Europe, regulates the acquisition (Article 6) and loss of nationality (Articles 7 and 8) and includes, inter alia, a range of safeguards against statelessness, most of which mirror those of the 1961 Convention. Article 4 of the
European Convention lays out the principles that govern each State Party’s
rules on nationality:
The rules on nationality of each State Party shall be based on the following
principles: (a) everyone has the right to a nationality; (b) statelessness shall
be avoided; (c) no one shall be arbitrarily deprived of his or her nationality; (d) neither marriage nor the dissolution of marriage between a national
of a State Party and an alien, nor the change of nationality by one of the
spouses during marriage, shall automatically affect the nationality of the
other spouse.42
Subsequently, the Council of Europe adopted the 2006 Convention
on the Avoidance of Statelessness in Relation to State Succession, which
contains the most detailed provisions of any international treaty on State
obligations to prevent and reduce statelessness in the context of State succession.43
In addition, the 1969 American Convention on Human Rights provides every person with the right to a nationality, affirming that every person has the right to the nationality of the State on whose territory he or she
was born if he or she does not have the right to any other nationality. The
Convention also stipulates that no one should be arbitrarily deprived of his
or her nationality or of the right to change it (Article 20).44
Members of Commonwealth of Independent States (CIS) adopted two
conventions that are regularly used for the confirmation of nationality: firstly, the 1995 CIS Convention on Human Rights and Fundamental Freedoms which lays down that everyone shall have the right to citizenship and
that no one shall be arbitrarily deprived of his or her citizenship or of the
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