9. Further human rights, humanitarian and refugee law obligations and standards
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.
9.1. The right to enter and remain in one s o n countr
9.1.1. All persons have the right to enter, remain in and return to their own 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.
9.2. The prohibition of refoulement
9.2.1. In line with principles of international refugee law, States must not expel or return
“refouler any person, including one whom they have stripped of nationality, to a
situation in which they face a threat to life or freedom or risk facing persecution,
including on the grounds of race, religion, nationality, membership of a particular social
group or political opinion.
9.2.2. In line with the principles of international human rights law, States must not expel or
return “refouler any person, including one whom they have stripped of nationality, to
a situation in which they face a real risk of serious human rights violations, including
torture or cruel, inhuman or degrading treatment or punishment, enforced
disappearances, capital punishment, flagrant denial of justice and the right to liberty, or
arbitrary deprivation of life.
9.3. Prohibition against torture and cruel, inhuman or degrading treatment or punishment
9.3.1. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or
punishment.
9.3.2. Deprivation of nationality is likely to constitute cruel, inhuman or degrading treatment
or punishment, particularly where it results in statelessness.
9.3.3. Attempted expulsion consequent to deprivation of nationality is likely to meet the
threshold of cruel, inhuman or degrading treatment or punishment when this leads to:
9.3.3.1. arbitrary detention;
9.3.3.2. a violation of the principle of non-refoulement; or
9.3.3.3. the forcible separation of families.
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