regulated and protected by public authorities".63 This would include any measures related to the
deprivation of nationality.
43. The prohibition of discrimination is also a foundational, guiding principle of the issue-specific
international human rights treaties.64 As articulated by the Committee on the Elimination of Racial
Discrimination, “non-discrimination, together with equality before the law and equal protection
of the law without any discrimination, constitutes a basic principle in the protection of human
rights. 65 Article
of the CERD stipulates that “ n othing in this Convention may be interpreted
as affecting in any way the legal provisions of States Parties concerning nationality, citizenship or
naturalization, provided that such provisions do not discriminate against any particular
nationality . Nevertheless, practice has shown that Article
does not allow for discrimination
on any of the grounds identified in Article 1(1) with regards to the right to nationality under Article
5(d)(iii) of the CERD.66 The Committee on the Elimination of Racial Discrimination has also
explicitly affirmed that “deprivation of citizenship on the basis of race, colour, descent, or national
or ethnic origin is a breach of States parties’ obligations to ensure non-discriminatory enjoyment
of the right to nationality .67
44. Further, primary regional human rights treaties also protect these core rights,68 and the
Constitutions and laws of most States protect against discrimination while enshrining equality
before the law. In addition to these general provisions on discrimination and equality, which must
be applied also in relation to deprivation of nationality, a number of international treaties
explicitly prohibit the discriminatory deprivation of nationality. 69
45. Article of CEDAW specifically sets out that State Parties “shall ensure […] that neither marriage
to an alien nor change of nationality by the husband during marriage shall automatically change
the nationality of the wife, render her stateless or force upon her the nationality of the husband .
Articles 3, 7, and 8 of the CRC read together can be understood to preclude the loss of nationality
by a child due to adoption.70 The CRPD states in Article 18 that States Parties must ensure that
persons with disabilities “have the right to acquire and change a nationality and are not deprived
of their nationality arbitrarily or on the basis of disability. 71 Committee on the Elimination of
63
Human Rights Committee, General Comment 18, para. 12.
For example, the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), adopted 18 December 1979,
entered into force 3 September 1981, 1249 UNTS 13;, Convention on the Elimination of All forms of Racial Discrimination (CERD), adopted 7
March 1966, entered into force 4 January 1969, 660 UNTS 195;, Convention on the Rights of Persons with Disabilities (CRPD), entered into force
3 May 2008, 2515 UNTS 3;, and Convention on the Rights of the Child (CRC), adopted 20 November 1989, entered into force 2 September 1990,
1577 UNTS 3.
65 Committee on the Elimination of Racial Discrimination CERD , ’General Recommendation XIV on article , paragraph , of the Convention’,
Contained in Document A/48/18 (1993).
66 Patrick Thornberry, The International Convention on the Elimination of All Forms of Racial Discrimination (Oxford University Press, 2016).
67 Committee on the Elimination of Racial Discrimination, ‘General Recommendation
on Discrimination against Non-citizens’
CERD/C/64/Misc.11/Rev.3, para. 14. See further CERD, Concluding Observations: Lithuania, (2006) CERD/C/LTU/CO/3, para. 23; Turkmenistan,
(2005) CERD/C/TKM/CO/5, para. 16; Jordan (2012) CERD/C/JOR/CO/13-17, paras. 12-13; Jordan (2017) CERD/C/JOR/CO/18-20, paras. 14-15;
Dominican Republic (2013) CERD/C/DOM/CO/13-14, paras. 18-21.
68 The European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), 4 November 1950, entry into force 3
September 1953, ETS 005;, the American Convention on Human Rights, 22 November 1969, entry into force 18 July 1978, OAS Treaty Series No.
36; the African Charter on Human and People’s Rights, June
, entry into force October
, OAU Doc. CAB LEG
rev. ; and the
ASEAN Human Rights Declaration all have non-discrimination provisions.
69 See UNHCR Guidelines No 5 (2020), para 109; see also UNHCR Tunis Conclusions (2014), para 18.
70 UN General Assembly, Convention on the Rights of the Child, 20 November 1989, UNTS vol 1577, p 3; see also UNHCR Guidelines No 5 (2020)
para 17.
71 UN General Assembly, Convention on the Rights of Persons with Disabilities: resolution/ adopted by the General Assembly, 24 January 2007,
64
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