matters, they do not have absolute discretion. Certain international standards and principles must be respected and complied with. The Principles on Deprivation of Nationality as a National Security Measure, 44 and the UNHCR Guidelines on Statelessness No 5: Loss and Deprivation of Nationality45 provide important guidance on the question of deprivation of nationality; the former, from a wider international law perspective, and the latter, more specifically in relation to the 1961 Convention. Accordingly, State discretion in this area is subject to the individual right to a nationality,46 the prohibition of arbitrary deprivation of nationality,47 the prohibition of discrimination 48 and the obligation not to render a person stateless. 49 Further, the impact of nationality deprivation must be taken into consideration when assessing the legality of nationality deprivation. This includes, among other rights, the right to private and family life, legal personhood, and the rights of the child.50 Any measure to deprive nationality must also comply with due process safeguards and the right to a fair trial.51 43. Irish law provides that Irish nationality granted by naturalisation may be revoked under certain conditions. Such conditions include where the Minister for Justice and Equality is satisfied that the certificate of naturalisation was obtained by fraud, misrepresentation or concealment of material facts or where a naturalised person has failed in a duty of fidelity and loyalty to the State.52 As such, the law in effect creates two tiers of citizenship – those whose citizenship is secure, and those whose citizenship can be revoked, raising concerns of discrimination. Further, there is no explicit safeguard if 44 Principles on Deprivation of Nationality as a National Security Measure, March 2020: https://files.institutesi.org/PRINCIPLES.pdf. The Principles were drafted by The Institute on Statelessness and Inclusion in collaboration with the Open Society Justice Initiative and with support from the Asser Institute and Ashurst LLP. They were developed over a 30-month research and consultation period, with input from more than 60 leading experts in the field of human rights, nationality and statelessness, counter-terrorism, refugee protection, child rights, migration and other related areas. At the time of submission, they have been endorsed by over 100 individual experts and organisations, including leading academics, UN Special Rapporteurs and Treaty Body members, litigators, judges, parliamentarians and diplomats. The Principles restate or reflect international law and legal standards under the UN Charter, treaty law, customary international law, general principles of law, judicial decisions and legal scholarship, regional and national law and practice. They articulate the international law obligations of States and apply to all situations in which States take or consider taking steps to deprive a person of nationality as a national security measure. More information is available here: https://www.institutesi.org/year-ofaction-resources/principles-on-deprivation-of-nationality. 45 UNHCR, Guidelines on Statelessness No.5: Loss and Deprivation of Nationality under Articles 5-9 of the 1961 Convention on the Reduction of Statelessness, May 2020, HCR/GS/20/05: https://www.refworld.org/docid/5ec5640c4/html. The Guidelines provide guidance on the interpretation of Articles 5 – 9 of the 1961 Convention on the Reduction of Statelessness. They draw on the Summary Conclusions of the Expert Meeting on Interpreting the 1961 Statelessness Convention and Avoiding Statelessness Resulting from Loss and Deprivation held in Tunis, Tunisia on 31 October-1 November 2013 (“Tunis Conclusions”) and the Expert Meeting on Developments related to Deprivation of Nationality held in Geneva, Switzerland on 5-6 December 2019. 46 Human Rights Council Resolution 7/10, Human rights and arbitrary deprivation of nationality, UN Doc A/HRC/RES/7/10 (27 March 2008); Human Rights Council Resolution 10/13, Human rights and arbitrary deprivation of nationality, UN Doc A/HRC/RES/10/13 (26 March 2009); Human Rights Council Resolution 13/2, Human rights and arbitrary deprivation of nationality, UN Doc A/HRC/RES/13/2 (24 April 2010); Human Rights Council Resolution 20/4, The right to a nationality: women and children, UN Doc A/HRC/RES/20/4 (16 July 2012); Human Rights Council Resolution 20/5, Human rights and arbitrary deprivation of nationality, UN Doc A/HRC/RES/20/5 (16 July 2012); Human Rights Council Resolution 26/14, Human rights and arbitrary deprivation of nationality, UN Doc A/HRC/RES/26/14 (11 July 2014); Human Rights Council Resolution 32/5, Human rights and arbitrary deprivation of nationality, UN Doc A/HRC/RES/32/5 (15 July 2016). 47 Principles on Deprivation of Nationality as a National Security Measure, March 2020: https://files.institutesi.org/PRINCIPLES.pdf, Principle 7. See also, the Draft Commentary to the Principles: https://files.institutesi.org/PRINCIPLES_Draft_Commentary.pdf. 48 Ibid., Principle 6. 49 Ibid., Principle 5. 50 Ibid., Principle 9., See in particular Principles 9.7 and 9.8 noting that: “States must protect the rights of the child and the best interests of the child must be a primary consideration in all proceedings affecting the nationality of children, their parents and other family members” and that “the derivative deprivation of nationality is prohibited” under international law. 51 Ibid., Principle 8. 52 Section 19 INCA 1956 (as amended): http://www.inis.gov.ie/en/INIS/Irish%20Nationality%20and%20Citizenship%20Act%201956%20%202011%20informal%20consolidation.pdf/Files/Irish%20Nationality%20and%20Citizenship%20Act%201956%20%202011%20informal%20consolidation.pdf 11