loss of a woman’s nationality as a result of changes in the marital status or nationality of her
husband […]”.311
182. That laws that deprive persons of their nationality based on, for instance, the national origin of
their parents, are contrary to the relevant standards on children’s rights is confirmed by the
African Committee of Experts on the Rights and Welfare of the Child:
“[T]he Committee concludes that the Republic of the Sudan has violated its obligation under
article 3 of the African Children's Charter, by introducing a legislation which arbitrarily deprives
children of South Sudanese origin their Sudanese nationality on the basis of the national origin
of their parents. The Respondent State, due to its discriminatory law, has violated [applicant’s]
right not to be discriminated on the ground of the country of origin of her father and as a result
has arbitrarily deprived her Sudanese Nationality which otherwise she would have been entitled
to.”312
183. The right to nationality is thus an individual right and should not depend on the deprivation of
citizenship of another.313 Importantly, the CRC recognises in Article 2(2) that actions of the parents
of the child should not impact the rights of the child, including their individual right to a nationality
(see also Principle 9.7.5 above).
Principle 10: Deprivation by proxy and proxy measures
PRINCIPLE
LEGAL STANDARD
10.1. States must not use powers to
deprive nationality for other stated
purposes, including fraud, with the
ulterior purpose of depriving
nationality as a national security
measure.
1961 Convention, Art. 8(4): “A Contracting State shall not exercise a
power of deprivation … except in accordance with law, which shall
provide for the person concerned the right to a fair hearing by a
court or other independent body.
ILC Draft Articles on the Expulsion of Aliens, Art. 8: “A State shall
not make its national an alien, by deprivation of nationality, for the
sole purpose of expelling him or her.
See Principle 7 The prohibition of arbitrary deprivation of
nationality
10.2. States must not subject persons to
proxy measures, which do not amount
to deprivation of nationality, but which
have a similar impact and implications
ICCPR, Art. 12(2): “Everyone shall be free to leave any country,
including his own.
311
Committee on the Elimination of Discrimination against Women, ‘General recommendation No. on the gender-related dimensions of
refugee status, asylum, nationality and statelessness of women’
CEDAW C GC , para .
312 ACERWC, African Centre of Justice and Peace Studies (ACJPS) and People’s Legal Aid Centre (PLACE) v the Government of Republic of Sudan
(2015) No. 005/Com/001/2015, para 53.
313 UN Human Rights Council, ‘Human rights and arbitrary deprivation of nationality: Report of the Secretary General’, A HRC
.
87
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents