Principle 9: Further human rights, humanitarian and refugee law obligations and standards PRINCIPLE Deprivation of nationality is also limited by other obligations and standards set forth in international human rights law, international humanitarian law and international refugee law. 141. Where deprivation of nationality would directly lead to a violation of one of the rights below, in particular where it concerns non-derogable rights, it is arbitrary and therefore prohibited. 9.1. The righ o en er and remain in one s o n country PRINCIPLE LEGAL STANDARD 9.1.1. All persons have the right to enter, remain in and return to their own country. UDHR, Art. 13(2): “Everyone has the right to leave any country, including his own, and to return to his country. 9.1.2. States are prohibited from expelling their own nationals. 9.1.3. In no situation, including where a person has been deprived of their nationality, may a person be arbitrarily expelled from their own country or denied the right to return to and remain in their own country. 9.1.4. The scope of the term “own country” is broader than the term “country of nationality”. It includes a country of former nationality that has arbitrarily deprived the individual of its nationality, regardless of the purpose of the measure and whether or not this deprivation causes statelessness. UDHR, Art. 9: “No one shall be subjected to arbitrary arrest, detention or exile. ICCPR, Art. 12(4): “No one shall be arbitrarily deprived of the right to enter his own country. ICCPR, Art. 12(4): “No one shall be arbitrarily deprived of the right to enter his own country. American Convention on Human Rights, Art. 22(5): “No one can be expelled from the territory of the state of which he is a national or be deprived of the right to enter it. Protocol No. 4 to the ECHR, Art. 3: “No one shall be expelled, by means either of an individual or a collective measure, from the territory of the State of which he is a national. No one shall be arbitrarily deprived of the right to enter the territory of the State of which he is a national. Arab Charter on Human Rights, Art. 27(2): “No one shall be expelled from his country or prevented from returning thereto. HRC General Comment No. 27, para. 20: “The scope of ‘his own country’ is broader than the concept ‘country of his nationality’. It is not limited to nationality in a formal sense, that is, nationality acquired at birth or by conferral; it embraces, at the very least, an individual who, because of his or her special ties to or claims in relation to a given country, cannot be considered to be a mere alien. 70

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