arise between states. To this end, the principles outlined in the Convention have served
as an effective framework within which to resolve conflicts concerning nationality.
The key provisions of the 1961 Convention may be summarised as follows:
•
Articles 1-4 outline principles for the granting of nationality at birth to avoid future
cases of statelessness.
•
Articles 5-7 include regulation on the loss or renunciation of nationality and
stipulate that loss/renunciation should be conditional upon the prior possession or
assurance of acquiring another nationality. Articles 5 and 6 include principles of
family unity in the light of avoidance of statelessness. In particular, Article 6
contains a provision of non-discrimination against family members as to the loss
of nationality.
•
The issue of deprivation of nationality is dealt with in Articles 8-9. The basic
principle is that no deprivation should take place if it will result in statelessness.
Article 9 states that "A Contracting State may not deprive any person or group of
persons of their nationality on racial, ethnic, religious or political grounds." Loss
or deprivation of nationality may take place only in accordance with law and
accompanied by full procedural guarantees, such as the right to a fair hearing by
a court or other independent body.
•
The issue of transfer of territory is addressed in Article 10. It follows from this
provision that treaties shall ensure that statelessness does not occur as a result of
transfer of territory. Where no treaty is signed, the state shall confer its nationality
on those who would otherwise become stateless as a result of the transfer or
acquisition of territory.
•
Article 11 of the Convention was elaborated for the establishment, within the
framework of the United Nations, of a body to which a person claiming the benefit
of the Convention may apply for the examination of his/her claim and for the
assistance in presenting it to the appropriate authority. UNHCR has been
requested, by the United Nations General Assembly, to fulfill this function.
•
The Final Act of the Convention delineates definitions of words used in the
Convention, as well as duties of the state parties. It recommends that persons
who are stateless de facto should as far as possible be treated as stateless de
jure to enable them to acquire an effective nationality.
Ireland has ratified the 1961 Convention and would appear to have broadly implemented
its obligations thereunder via nationality and citizenship legislation (discussed further
below). Ireland has made one reservation to the Convention, which reads as follows:
“In accordance with paragraph 3 of article 8 of the Convention Ireland retains the
right to deprive a naturalised Irish citizen of his citizenship pursuant to section
19(1)(b) of the Irish Nationality and Citizenship Act, 1956, on grounds specified in
the aforesaid paragraph.”
3.
The domestic legal framework relating to statelessness
Irish Nationality and Citizenship Act 1956 (as amended)
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