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

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