Chapter 1. Introduction Asian Nations (ASEAN) has led to the (unanimous) adoption of the ASEAN Human Rights Declaration.258 In paragraph 18 of this Declaration, the right of every person to a nationality as prescribed by law is included, which also provides that no person shall be arbitrarily deprived of such nationality nor of the right to change that nationality. Finally, the Commonwealth of Independent States (CIS)259 Convention on Human Rights and Fundamental Freedoms260 provides that everyone shall have the right to citizenship and that no one shall be arbitrarily deprived of his citizenship or the right to change it.261 1.5.3. ANALYTICAL FR AMEWOR K Based on the examination of international and ‘other’ regional instruments in this section, conclusions can be drawn for an analytical framework that helps to understand and categorize norms on preventing and solving statelessness from a human rights perspective, and that can be applied to the analysis of European law. The findings in this regard should, however, be regarded as preliminary, as the European context that is studied in chapter 2 may give rise to further delineation and refinement of the categories presented below given the presence of certain issues in Europe in particular. Paragraph 2.8 contains further reflections on this. Substantively, a number of provisions or norms on certain topics return repeatedly in the (human rights) instruments discussed. For instance, there are clearly a number of instruments dealing with preventing and solving childhood statelessness specifically. Every child’s right to acquire a nationality is also more firmly enshrined in legal instruments than a general right to a nationality for all. The principle of nondiscrimination in nationality matters is encountered numerous times in human rights instruments as well. Furthermore, there are norms dealing with preventing loss and (arbitrary) deprivation (including the denial) of nationality, sometimes attempting to provide solutions to conflicts of nationality laws, sometimes specifically focused on (married) women, and sometimes concerning the context of state succession in particular. With state succession, however, we see that there is more than just conflict of nationality 258 259 260 261 ASEAN Human Rights Declaration (adopted 19 November 2012). The CIS was created in 1991 and unites the following countries: Azerbaijan, Armenia, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Uzbekistan and Ukraine. Commonwealth of Independent States Convention on Human Rights and Fundamental Freedoms (adopted 26 May 1996, entered into force 11 August 1998) reprinted in (1996) 3 Int’l Hum Rts Rep 1, 212 (CIS Convention on Human Rights and Fundamental Freedoms). Note that the CoE has been rather skeptical about this document as it offers less protection than the ECHR. The Parliamentary Assembly of the CoE has therefore recommend to those CoE member or applicant states which are also members of the CIS not to sign or ratify the CIS Convention and to those states that have already ratified the CIS Convention to recognize the supremacy of the ECHR. See PACE Res 1249 (2001) Co-existence of the Convention on Human Rights and Fundamental Freedoms of the Commonwealth of Independent States and the European Convention on Human Rights. Art 24 CIS Convention on Human Rights and Fundamental Freedoms. Intersentia 47