on human rights, without subjecting
such decisions to the same tests and
standards set out in these Principles.
Such measures may include the
withdrawal or refusal to renew
passports or other travel documents
and the imposition of travel or entry
bans.
ICCPR, Art. 12(4): “No one shall be arbitrarily deprived of the right to
enter his own country.
10.3. The measures referred to in
section 10.2 may in some
circumstances, be considered to
constitute deprivation of nationality,
particularly when imposed on persons
when they are abroad.
HRC General Comment No. 27, para. 21: “A state party must not, by
stripping a person of nationality or by expelling an individual to a
third country, arbitrarily prevent this person from returning to his or
her own country.
HRC General Comment No. 27, para. 9: “[T]he right to leave a
country must include the right to obtain the necessary travel
documents.
184. Deprivation of nationality for ulterior motives or as the means to an end without the necessary
due process and not related to intentional fraudulent acts to the acquisition of that nationality do
not meet the high standards set out by international law on due process requirements and
arbitrariness more broadly and do not fall within the limited set of circumstances permitting the
deprivation of nationality.
185. Besides issues related to national security, the grounds that remain most relevant regarding the
deprivation of nationality today are those relating to fraud or misrepresentation in the acquisition
of nationality.314 The HRC has stated that “loss or deprivation of nationality can only be justified
where the fraud or misrepresentation was perpetrated for the purpose of acquiring nationality
and was material to its acquisition. 315
186. Measures that cause the de facto deprivation of nationality, such as restricting a person’s ability
to leave or enter their country of nationality or limiting access to travel documents necessary to
that end, can constitute arbitrary deprivation of nationality (see also supra Principle 7). Such a
restriction also risks leaving a person de facto stateless, whereby they may have the right to a
nationality on paper but are unable to make use of that right or any of the associated fundamental
rights.
187. In line with the prohibition on de facto deprivation of nationality, the HRC has stated that any
restrictions of the right to leave one’s country must be narrowly interpreted and must not impair
the essence of the right.316 In particular:
“In no case may a person be arbitrarily deprived of the right to enter his or her own
314
See ‘Tunis Conclusions’
para stating that provisions relating to loyalty and allegiance to the state have “been largely superseded by
later developments in domestic nationality laws .
315 UN Human Rights Council, ‘Human rights and arbitrary deprivation of nationality: Report of the Secretary General’, A HRC
,
para 10.
316 Human Rights Committee, ‘General Comment No.
: Freedom of movement article
’
CCPR C
Rev. Add. , para .
88
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents