Taking into account Article 15 UDHR, the Human Rights Council has acknowledged the
right to a nationality to be a fundamental human right.31 The right includes the right to
acquire, change or retain a nationality, and it is recognized in some form or another in a raft
of international legal instruments. For instance, the ICCPR recognizes the right of ‘every
child’ to acquire a nationality.32 In addition, every instrument of international human rights
law enshrines the obligation of states to respect the human rights of all individuals without
distinction of any kind. States at times have restricted the enjoyment of human rights, but
only subject to strict conditions set by the principles of non-discrimination, equal protection
of the law, and due process.33 States therefore have a duty to ensure that everyone enjoys the
right to a nationality without discrimination, and that no one is denied or deprived of their
nationality on the basis of discriminatory grounds. For instance, Article 9 CEDAW refers
specifically to non-discrimination in relation to acquisition, change or retention of
nationality, and to statelessness as well as conferral of nationality to children,34 but as of
today, at least twenty States have attached reservations to Article 9.35
In sum, the acknowledgement of a right to nationality in the human rights law framework is
strong on paper but the nature and scope of these provisions is limited. Moreover,
enforcement mechanisms at national level are often weak and yet these mechanisms are
essential ‘to making rights a reality’.36 This is because:
Rights are not abstract. They are, if one adopts a social contract approach, part of the
relationship between a citizen and a state in which the citizen has ceded certain
powers to the state in return for the state’s commitment to use those powers for the
common good.37
http://www.refworld.org/docid/4b83a9cb2.html [accessed 30 April 2013]
31 UN Human Rights Council resolutions 7/10 of 27 March 2008, 10/13 of 26 March 2009, 13/2 of 24 March 2010,
and 20/5 of 16 July 2012, as well as all previous resolutions adopted by the Commission on Human Rights on the
issue of human rights and the arbitrary deprivation of nationality. See also, UN HCR Report of the Secretary
General 25/28 on ‘Human rights and arbitrary deprivation of nationality’ of 19 December 2013.
32 Article 24, ICCPR.
33 These principles are protected in all international human rights law instrument, including Articles 1(3) and 55
UN Charter, Articles 1, 2, 7 and 10 UDHR, and Articles 2, 3, 14, 16, 24, 26 ICCPR. See also UN HCR Resolution
20/5 (2012) and HRC Report of the Secretary General 25/28 (2013).
34 CEDAW, Article 9
1. States Parties shall grant women equal rights with men to acquire, change or retain their nationality. They shall
ensure in particular that neither marriage to an alien nor change of nationality by the husband during marriage
shall automatically change the nationality of the wife, render her stateless or force upon her the nationality of the
husband.
2. States Parties shall grant women equal rights with men with respect to the nationality of their children.
See Alice Edwards, ‘Displacement, Statelessness and Questions of Gender Equality under the Convention on the
Elimination of All Forms of Discrimination against Women’, UNHCR Legal and Protection Policy Research
Series, August 2009.
35 See http://www.un.org/womenwatch/daw/cedaw/reservations-country.htm
36 Aryeh Neier, The International Human Rights Movement – A History, Princeton University Press 2012, at p.68.
37 Ibid.
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