State action, legislative, administrative and judicial’ and is concerned with acts that are against the law but also, more broadly, with ‘elements of inappropriateness, injustice and lack of predictability’.55 In cases where deprivation of nationality takes place on the basis of race, colour, sex, descent, national or ethnic origin etc, it becomes both arbitrary and a breach of the principle of non-discrimination in the enjoyment of the right to nationality.56 Arbitrary deprivation of nationality impacts on the enjoyment of human rights (political, civil, economic, social or cultural) in two important ways. The first of these ways is that arbitrary deprivation of nationality puts the affected persons in a situation of disadvantage by impeding the full enjoyment of their human rights. The second way is because these persons find themselves placed in a situation of increased vulnerability to human rights violations.57 The human rights that are particularly affected in cases of arbitrary deprivation of nationality are many; they include political rights resulting in the inability to participate politically, the right to freedom of movement resulting in the inability to travel and to choose a place of residence but also in the inability to access health and educational services, the right to liberty resulting in arbitrary arrest or detention, the right to an effective remedy resulting in the inability to challenge administrative or judicial decisions or acts of racial discrimination, and the right to family life due to limitations to the right to enter or reside in a territory.58 Crucially, it also includes the right to work and the right to education. In this respect, it is generally accepted that a complete denial of the right to work amounts to persecution;59 so does of the denial of a child’s right to education.60 However, lesser exclusion from these rights may not necessarily reach that threshold,61 unless taken cumulatively with a number of other less serious violations (such as denial of the right to welfare benefits or to health). The same is true of the denial of other socio-economic rights (as a result of State action), which taken together could reach the threshold of persecution, for instance European Convention on Nationality (1997). For a useful summary of these conditions, see UNGA HRC 25/28 Report of the Secretary General (2013), paras.4-5; and UNHCR Handbook on Protection of Stateless Persons, paras.71-77. 55 ILC Draft Articles, ibid, para.25. 56 Ibid, para.26. 57 UNSG report to the Human Rights Council, ‘Human rights and arbitrary deprivation of nationality’, A/HRC/19/43, 19 December 2011. UN Human Rights Council, Human rights and arbitrary deprivation of nationality: resolution / adopted by the Human Rights Council, 16 July 2012, A/HRC/RES/20/5, para.6 - available at: http://www.unhcr.org/refworld/docid/5016631b2.html [accessed 18 January 2013]. 58 For a full discussion of these rights in the context of international human rights law instruments and treaty bodies, see UNSG report to the Human Rights Council, ‘Human Rights and Arbitrary Deprivation of Nationality’, A/HRC/19/43, 19 December 2011. See also, UN Human Rights Council, ‘Human rights and arbitrary deprivation of nationality: resolution / adopted by the Human Rights Council’, 16 July 2012, A/HRC/RES/20/5, para.7 - available at: http://www.unhcr.org/refworld/docid/5016631b2.html [accessed 18 January 2013]. 59 Foster, International Refugee Law and Socio-Economic Rights, at p.94. 60 Ibid, 103. 61 Ibid, 96-103 10

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