Risk of statelessness arising from discrimination in provisions on
deprivation of nationality
Most Index countries distinguish between single and multiple nationality holders
for the purposes of safeguarding against statelessness in their legislation on loss or
deprivation of nationality. International law warns against discrimination between
single and multiple nationality holders. While such discrimination may be intended
to avoid statelessness, the UN Special Rapporteur on contemporary forms of racism,
racial discrimination, xenophobia and related intolerance has reminded States that
the ‘protection of mono nationals from statelessness cannot be a legal justification
or defence for exposing dual nationals to citizenship stripping’.47 Such a distinction
could constitute direct discrimination on the basis of ‘national or social origin’.48 12 of
the Index countries with provisions on deprivation of nationality distinguish between
naturalised and birthright nationals, including Albania, Belgium, Bulgaria, Cyprus,
France, Ireland, Italy, and Latvia. Such measures discriminate between nationals
according to how they acquired their nationality. This type of distinction is often
found in provisions relating to deprivation on national security grounds and risks
disproportionately impacting on minority communities, reinforcing already present
racialised inequalities.
Insufficient safeguards against derivative loss of nationality
In Austria, deprivation of nationality extends to the individual’s spouse and/or
children, even if their nationality was acquired legitimately. In Poland, although
renunciation of nationality can only take place if the individual holds another
nationality, there is no explicit requirement to prove that minor children covered by
the application also hold another nationality and will not become stateless as a result
of the renunciation.