168. Similarly, the African Court found that “a person’s arbitrary denial of his her right to nationality is
incompatible with the right to human dignity, reason for which international human rights
instruments, including the Charter, provide that ‘Everyone shall have the right to have his legal
status recognized everywhere’. 297
9.6. Right to private and family life
PRINCIPLE
LEGAL STANDARD
9.6.1. Everyone has the right to private
and family life.
UDHR, Art. 12: “No one shall be subjected to arbitrary interference
with his privacy, family, home or correspondence, nor to attacks
upon his honour and reputation.
9.6.2. This includes the right to live
together as a family and not be
separated as a result of a family
member being deprived of their
nationality and subject to detention or
expulsion in violation of international
law.
ICCPR, Art. 17(1): “No one shall be subjected to arbitrary or unlawful
interference with his privacy, family, home or correspondence, nor
to unlawful attacks on his honour and reputation.
169. The right to respect for private and family life is a firmly established principle in international and
regional law, and is contained in the UDHR (Article 12), ICCPR (Article 17), CRC (Article 16), CMW
(Article 14), CRPD (Article 22), ACRWC (Article 10), ECHR (Article 8), the Charter of Fundamental
Rights of the EU(Article 7), and the ACHR (Article 11).
170. The principle encompasses two distinct rights: the right to family life and the right to private life.
Under Article 8 of the ECHR, the right to family life must be interpreted as the right to live together
as a family.298 With regard to the term ‘family’, the Human Rights Committee noted in its General
Comment No. 16 that this term be given a broad interpretation to include all those comprising
the family as understood in the society of the State party concerned.299
171. As deprivation of nationality of a family member increases the risk of that person being expelled,
refused (re)admission or arbitrarily detained, contrary to Principle 9.1 and Principle 9.4, this may
result in a violation of the right to family life. A measure of expulsion or detention engages the
right to family life of both the person being deprived of his or her nationality and their family
members, in particular parents and their minor children and immediate family members. This is
because they may all be denied the effective enjoyment of family life. To that end, the ECtHR has
examined the best interests and well-being of the children, in particular the seriousness of the
difficulties which any children of the applicant are likely to encounter in the country to which the
applicant is to be expelled; and the solidity of social, cultural and family ties with the host country
297 ACtHPR, Robert John Penessis vs United Republic of Tanzania, Application No 013/2015, Para 88.
298 Directorate of the Jurisconsult, Guide on Article 8 of the European Convention on Human Rights: Right to Respect for Private and Family Life,
Home and Correspondence (2016 - updated 2019), available at: https://www.echr.coe.int/Documents/Guide_Art_8_ENG.pdf.
299 Human Rights Committee, ‘General Comment No.
: Article
Right to privacy ’
HRI GEN Rev. Vol. I, p. 191).
82
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