Principle 9: Further human rights, humanitarian and refugee law obligations and
standards
PRINCIPLE
Deprivation of nationality is also limited by other obligations and standards set forth in international human
rights law, international humanitarian law and international refugee law.
141. Where deprivation of nationality would directly lead to a violation of one of the rights below, in
particular where it concerns non-derogable rights, it is arbitrary and therefore prohibited.
9.1. The righ o en er and remain in one s o n country
PRINCIPLE
LEGAL STANDARD
9.1.1. All persons have the right to
enter, remain in and return to their own
country.
UDHR, Art. 13(2): “Everyone has the right to leave any country,
including his own, and to return to his country.
9.1.2. States are prohibited from
expelling their own nationals.
9.1.3. In no situation, including where a
person has been deprived of their
nationality, may a person be arbitrarily
expelled from their own country or
denied the right to return to and remain
in their own country.
9.1.4. The scope of the term “own
country” is broader than the term
“country of nationality”. It includes a
country of former nationality that has
arbitrarily deprived the individual of its
nationality, regardless of the purpose of
the measure and whether or not this
deprivation causes statelessness.
UDHR, Art. 9: “No one shall be subjected to arbitrary arrest, detention
or exile.
ICCPR, Art. 12(4): “No one shall be arbitrarily deprived of the right to
enter his own country.
ICCPR, Art. 12(4): “No one shall be arbitrarily deprived of the right to
enter his own country.
American Convention on Human Rights, Art. 22(5): “No one can be
expelled from the territory of the state of which he is a national or be
deprived of the right to enter it.
Protocol No. 4 to the ECHR, Art. 3: “No one shall be expelled, by
means either of an individual or a collective measure, from the
territory of the State of which he is a national. No one shall be
arbitrarily deprived of the right to enter the territory of the State of
which he is a national.
Arab Charter on Human Rights, Art. 27(2): “No one shall be expelled
from his country or prevented from returning thereto.
HRC General Comment No. 27, para. 20: “The scope of ‘his own
country’ is broader than the concept ‘country of his nationality’. It is
not limited to nationality in a formal sense, that is, nationality
acquired at birth or by conferral; it embraces, at the very least, an
individual who, because of his or her special ties to or claims in
relation to a given country, cannot be considered to be a mere alien.
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