2.
INTERNATIONAL LEGAL FRAMEWORK
The ability of European States to deprive individuals of their
nationality is limited by various international and human rights
instruments. Core to these limitations is the prohibition of arbitrary
deprivation of nationality, the obligation to prevent statelessness,
and the prohibition of discrimination on certain protected grounds
and between nationals. Article 15.2 of the Universal Declaration
of Human rights (UDHR), for example, states that ‘no one shall be
arbitrarily deprived of his nationality’, whereas both the International
Convention on the Reduction of Statelessness (1961 Convention)
and the European Convention on Nationality (ECN) only allow for
statelessness to arise as a result of deprivation of nationality in very
limited circumstances.7
Three normative frameworks setting limits on State practices of
deprivation of nationality are especially relevant in the European
context: the United Nations, the Council of Europe, and the European
Union.8 Of the 27 countries analysed in the Index, all are members of
the Council of Europe and 18 are members of the European Union.9
20 have acceded to the 1961 Convention (France has signed but not
acceded to the 1961 Convention).10 Of these, six entered reservations
on deprivation of nationality permitting them to render individuals
stateless in limited circumstances. 12 Index countries have acceded
to the European Convention on Nationality (ECN), and a further seven
have signed but not yet acceded.11
The right to a
nationality
The right to a nationality plays
a crucial role in the recognition,
protection, fulfilment, and respect
of the full range of other human
rights.5 The right to a nationality is
enshrined in various international
and regional human rights treaties
and instruments, including the
Universal Declaration of Human
Rights (UDHR) (Article 15), the
International Covenant on Civil
and Political Rights (ICCPR)
(Article 24(3)), the International
Convention on the Elimination of
All Forms of Racial Discrimination
(CERD) (Article 5(d)(iii)); the
Convention on the Elimination
of All Forms of Discrimination
Against Woman (CEDAW) (Article
9); the Convention on the Rights
of the Child (CRC) (Articles 7 &
8); the European Convention on
Nationality (ECN) (Article 4) and
other regional treaties.6