nationalities. Some State practice also differentiates between “citizens by birth and “naturalised
citizens . Such practices dangerously result in two different tiers of citizenship, whereby, for
example, someone who has two nationalities, or is a naturalised citizen, is more vulnerable to
being deprived of their nationality than someone who has only one citizenship or is a citizen by
birth. While such discrimination is purportedly justified on the basis of “protecting against
statelessness , it is important to note that “protection of mono nationals from statelessness
cannot be a legal justification or defence for exposing dual nationals to citizenship stripping .109
62. Such discrimination between different classes of citizen is contrary to the principle of equality
before the law and equal protection of the law, enshrined in Article 26 of the ICCPR and a number
of other instruments.
63. The jurisprudence and guidance of UN treaty bodies and Special Procedures situates such
differential treatment as a form of direct discrimination. For example, the CERD Committee has
raised concern about making distinctions between dual and mono-nationals,110 as they “could
give rise to discriminatory practices contrary to CERD .111 Further, the Working Group on
Arbitrary Detention has held that discrimination against dual nationals "aims towards or can result
in ignoring the equality of human beings .112 The Working Group also concluded that Iran's
targeting of dual nationals constitutes direct discrimination on the basis of "national or social
origin".113 As set out by the UN Special Rapporteur on contemporary forms of racism, racial
discrimination, xenophobia and related intolerance:
“Applying the Working Group's finding to the citizenship-stripping context mandates that
States never use a mono-/dual-citizen distinction, as this distinction prevents dual nationals
from enjoying equal treatment before the law and equal enjoyment of their human rights."114
64. At the European regional level, the ECN specifies that this inequality between nationals is
discriminatory, stating that “[e]ach State Party shall be guided by the principle of nondiscrimination between its nationals, whether they are nationals by birth or have acquired its
nationality subsequently Article
. The European Court of Human Rights has also held that
any arbitrary distinctions between those who acquired citizenship through naturalisation and
those who acquired citizenship through birth can result in a violation of the prohibition of
discrimination under the European Convention on Human Rights.115
65. Principles 9.7 (on the rights of the child) and 9.8 (on derivative loss of nationality) together set out
international law provisions related to the child’s right to preserve their nationality, and to not be
deprived of their nationality as a result of a parent or guardian’s nationality being deprived. The
prohibition of discrimination by association is integrated within the general anti-discrimination
clause of the CRC (Article 2):
109
UN Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, ’Amicus Brief before the
Dutch Immigration and Naturalisation Service‘
October 2018), para. 40.
110
CERD/C/75/D/42/2008; CERD/C/RWA/CO/18-20.
111
CERD/C/RWA/CO/18-20, paras. 8-9.
112 Working Group on Arbitrary Detention opinion No. 49/2017, paras. 3(e), 43-45.
113 Working Group on Arbitrary Detention opinion No. 7/2017, 39-40; opinion No. 49/2017, 43-45; opinion No. 28/2016, paras. 45-49.
114 UN Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, ’Amicus Brief before the
Dutch Immigration and Naturalisation Service’
October 2018), para. 38.
115 Biao v. Denmark, Judgment (Merits and Just Satisfaction) of May 5, 2016, App. 38590/10.
42
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