Statelessness Working Paper Series No. 2017/7 It goes beyond the scope of this paper to discuss the numerous issues raised by scholars, policy makers and civil society for each of the above components in understanding when deprivation of nationality is arbitrary. However, the importance of the principle of non-discrimination is evidenced by several international norms and is useful for understanding how deprivation of nationality relates to the concept of equal and unconditional citizenship in the context of deprivation. The principle of non-discrimination is enshrined in the objectives and aims of many human rights law instruments, also in respect to nationality matters.32 In addition, the Human Rights Council (HRC) stresses that arbitrary deprivation of nationality, especially on discriminatory grounds such as “race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, or other status, including disability” is a violation of human rights and fundamental freedoms.33 This is a non-exhaustive list of discriminatory grounds. Further, the prohibition of arbitrary deprivation of nationality is also implicitly enshrined in provisions of human rights treaties that focus on specific forms of discrimination.34 The HRC calls upon States to refrain from taking discriminatory measures and from enacting or maintaining legislation that would arbitrarily deprive persons of their nationality on those grounds, especially if it leads to statelessness. The Human Rights Committee clearly states that not every form of differential treatment constitutes discrimination.35 In order for a difference in treatment not to be discriminatory it must have a legitimate aim and it must be proportionate. Legitimate aims for denationalisation could, for instance, entail protecting national security or no longer having ties to the state. Assessing proportionality is more complex. In each case, the interests of society should be weighed against the impact such differential treatment has for the individual concerned. Other factors that need to be taken into consideration are the suitability of differential treatment to achieve the intended goal, whether alternative means exist to achieve that goal, and whether the disadvantage faced by the individual is excessive in relation to the aim pursued.36 Therefore, international law applies the proportionality requirement twice in the context of nationality revocation. First, the act of citizenship stripping is subject to a proportionality test. Second, whether differential treatment in nationality withdrawal practices at domestic level is proportionate under international law and therefore not discriminatory. The 1961 Convention on the Reduction of Statelessness (1961 Convention) contains an absolute prohibition on deprivation of nationality of a person or group of persons on the basis of racial, ethnic, religious or political grounds.37 The provision was designed to give effect to Article 15 of the UDHR and is 32 Among others in: the International Covenant on Civil and Political Rights, Article 2; The International Covenant on Economic, Social and Cultural Rights, Article 2; The Convention on the Elimination of Racial Discrimination, Article 5; the Convention on the Rights of Persons with Disabilities, Article 3; The Convention on the Rights of the Child, Article 2; Convention on the Elimination of Discrimination against Women, Articles 2 and 3. 33 UN Human Rights Council, Human rights and arbitrary deprivation of nationality: resolution, 15 July 2016, A/HRC/RES/32/5, para. 4. 34 For example, The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) states that women have the same right as men to change or retain their nationality, also when the husband loses or changes his nationality. Article 9(1); The Convention on the Elimination of All Forms of Racial Discrimination prohibits racial discrimination in respect of the right to a nationality. Article 5 (d) (iii) ; The Convention on the Rights of the Child, Article 8; The International Convention for the protection of All Persons from Enforced Disappearances entail the right to an identity, Article 25(4). 35 Human Rights Council, General Comment 18, HRI/GEN/1/Rev.9 (Vol I) 195, para. 13. 36 Moeckli, Equality and Non-Discrimination, International Human Rights Law (eds. Moeckli, Shah, Sivakumaran), 2014, Oxford University Press, p. 167-168. 37 UN General Assembly, Convention on the Reduction of Statelessness, 30 August 1961, United Nations, Treaty Series, vol. 989, p. 175, Article 9. 10