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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