1. States Parties shall respect and ensure the rights set forth in the present Convention to each
child within their jurisdiction without discrimination of any kind, irrespective of the child's or
his or her parent's or legal guardian's race, colour, sex, language, religion, political or other
opinion, national, ethnic or social origin, property, disability, birth or other status.
2. States Parties shall take all appropriate measures to ensure that the child is protected against
all forms of discrimination or punishment on the basis of the status, activities, expressed
opinions, or beliefs of the child's parents, legal guardians, or family members. (Emphasis
added)
Article of the CRC, which protects the child’s right to preserve their nationality, is strengthened
by this anti-discrimination provision: that no child should be deprived of their nationality as a
result of discrimination by association. Please also refer to the Commentary on Principles 9.7 and
9.8. The European Union has also incorporated protection from discrimination by association into
its equality law framework. The two landmark CJEU cases are Coleman v. Attridge Law116 and
CHEZ117. In Coleman, the CJEU found that a mother without disability of a child with disability
suffered discrimination on ground of disability because the treatment of her employer was
contrary to the Employment Equality Directive. In CHEZ it was held that a woman who had lived
in an area with a predominantly Roma population, although not Roma herself, had been
discriminated against due to racial/ethnic origin contrary to the Race Equality Directive. Please
also refer to the commentary on Principles 9.7 and 9.8.
Principle 7: The prohibition of arbitrary deprivation of nationality
7.1. Arbitrary deprivation of nationality
PRINCIPLE
7.1. The deprivation of nationality of citizens on national security grounds is presumptively arbitrary. This
presumption may only be overridden in circumstances where such deprivation is, at a minimum:
7.1.1. Carried out in pursuance of a legitimate purpose;
7.1.2. Provided for by law;
7.1.3. Necessary;
7.1.4. Proportionate; and
7.1.5. In accordance with procedural safeguards.
66. The prohibition of arbitrary deprivation of nationality is set out in Article 15(2) of the UDHR and
is subsequently enshrined in different international and regional legal instruments. Article
18(1)(a) of the Convention of the Rights of Persons with Disabilities (CRPD) obliges States Parties
to ensure that persons with disabilities “have the right to acquire and change a nationality and
116
117
CJEU, Case C-303/06, S. Coleman v Attridge Law, Steve Law, [2008] I-05603.
CJEU, Case C83/14, CHEZ Razpredelenie Bulgaria AD v Komisia za zashtita ot diskriminatsia, Judgement of 16 July 2015, ECLI:EU:C:2015:480
43
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