and with the country of destination.300 It has also affirmed that the best interests of minor children
should be taken into account in the balancing exercise with regard to expulsion of a parent,
including the hardship of returning to the country of origin of the parent.301
172. Much like the right to family life, the right to private life is a broad concept, embracing multiple
aspects of a person’s identity. It has been recognized by the ECtHR that nationality falls under the
right to private life on multiple occasions. This was an important point in the case of Genovese v.
Malta, in which it was held that arbitrary denial of nationality could raise an issue under the right
to private life as it is part of a person’s social identity protected as part of this right.302 This was
subsequently broadened by the Court in Ramadan v. Malta to include situations of arbitrary
revocation of nationality, arguing that the loss of nationality already acquired can have a similar
or even bigger impact on the private and family life of a person.303 With regard to determining
whether a violation of the above right exists, the Court held in K2 v. United Kingdom that not only
the question of arbitrariness should be addressed, but that the consequences of revocation for
the person should also be addressed, which allows for an examination of the consequences
thereof on private and family life.304
9.7. The rights of the child
PRINCIPLE
LEGAL STANDARD
9.7.1. Every child has the right to a
nationality. States must protect the
child’s right to acquire and preserve
their nationality and to re-establish
their nationality when arbitrarily
deprived of it.
ICCPR, Art. 24(3): “Every child has the right to acquire a nationality.
9.7.2. States are required to treat all
persons under the age of 18 in
accordance with their rights as children.
9.7.3. States must protect the rights of
the child and the best interests of the
child must be a primary consideration
in all proceedings affecting the
nationality of children, their parents
and other family members.
CRC, Art. 7(1): “The child shall be registered immediately after birth
and shall have the right from birth to a name, the right to acquire a
nationality and, as far as possible, the right to know and be cared for
by his or her parents.
CRC, Art. 8(1): “States Parties undertake to respect the right of the
child to preserve his or her identity, including nationality, name and
family relations as recognized by law without unlawful interference.
CRC, Art. 1: “For the purposes of the present Convention, a child
means every human being below the age of eighteen years unless
under the law applicable to the child, majority is attained earlier.
CRC, Art. 2(2): “States Parties shall take all appropriate measures to
ensure that the child is protected against all forms of discrimination
or punishment on the basis of the status, activities, expressed
opinions, or beliefs of the child's parents, legal guardians, or family
members.”
300
ECtHR Üner v. the Netherlands (2006), Application no. 46410/99, para. 58; Udeh v. Switzerland (2013), Application no. 12020/09, para. 52.
ECtHR, Jeunesse v. the Netherlands (2014), Application No. 12738/10, para. 117 118.
302 ECtHR, Genovese v Malta (2011), Application no. 53124/09, para 30.
303
ECtHR, Ramadan v Malta (2016), Application no. 76136/12, para 85.
304 ECtHR, K2 v United Kingdom (2017), Application no. 42387/13, para 49.
301
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