Exploring Atypical Citizenship Deprivation and Spillover Effects
freedoms set out in the Convention or the Protocols thereto’.104 Along with other
campaign organisers, Schona Jolly KC (the lawyer representing the plaintiffs and
chair of the Bar Human Rights Committee of England and Wales) contested this
finding, suggesting that there were no substantive reasons for the case’s
inadmissibility and hinting at possible political motivations.105 The campaigners
decided not to take their case to the UN Human Rights Committee (‘UNHRC’)
due to concerns that Norway had a reservation on the Optional Protocol to the
International Covenant on Civil and Political Rights (‘Optional Protocol’), 106
which had been reserved against art 5(2) when the protocol was ratified.107 This
reservation would prevent the UNHRC from considering cases that had previously
undergone substantive examination by other international institutions. Based on
precedent, cases deemed ‘manifestly ill-founded’ by the ECtHR were seen as
having undergone substantive review. Therefore, the campaigners and their lawyer
believed it was highly unlikely that the UNHRC would consider the case.
3
Genuine link between Liu and Others v Norway and Atypical Citizenship
Deprivation
The Liu and Others v Norway case dealt with the right to national identity based
on the private right in the international treaties and constitutional law of Norway,
however the Norwegian Government refused to consider these aspects. The right
to identity might not be seen as an absolute right, and the State may interfere if it
is in the public interest (as art 8 of the ECHR has pointed out). However, this case
also shows that Norway ignores the genuine link between the Taiwanese people
and Taiwan; instead, it denies the Taiwanese citizenship while attaching Chinese
citizenship to them. That is, the Norwegian Government not only does not consider
the genuine connection but establishes a false connection between the Taiwanese
people and the Chinese Government. Following the discussion in the previous
sections, the lack of de jure recognition of Taiwanese citizenship has allowed each
state to decide how to deal with the entry of people on their Taiwanese passports.
Nevertheless, does such sovereign power extend to stripping a foreign citizen of
citizenship by forcing a different citizenship on them? A state may have the power
to recognise or not recognise another citizenship, but can it fully ignore a genuine
link to that citizenship when there are conflicts?
104 Liu and Others v Norway (n 8).
105 Yiling Cheng, Betty Hu and Joseph Liu, ‘NORWAY/TAIWAN: Taiwanese registered as
Chinese citizens in Norway’, Human Rights Without Frontiers (Web Page, 16 August 2021)
<https://hrwf.eu/norway-taiwan-the-european-court-of-human-rights-ruled-the-applicationof-taiwanese-in-norway-inadmissible/>, archived at <perma.cc/XKP5-SM44>; Yaoyu
Chiang, ‘Tai wan ren zhuang gao nuo wei zheng fuou zhou ren quan fa yuan bu shou li
[Taiwanese filed a complaint to the European Court of Human Rights, the court ruled the
application of Taiwanese in Norway inadmissible]’ Deutsche Welle (online, 4 August 2021)
<https://www.dw.com/zh/a-58736739>, archived at <perma.cc/W6BG-TYWS>.
106 Optional Protocol to the International Covenant on Civil and Political Rights, opened for
signature 19 December 1996, 999 UNTS 171 (entered into force 23 March 1976) (‘Optional
Protocol to the ICCPR’).
107 Norway had submitted the following reservation to art 5(2): ‘The Committee shall not have
competence to consider a communication from an individual if the same matter has already
been examined under other procedures of international investigation or settlement.’ See
‘Optional Protocol to the International Covenant on Civil and Political Rights’, United
Nations
Treaty
Collection
(online,
11
June
2025)
<https://treaties.un.org/Pages/ViewDetails.aspx?src=IND&mtdsg_no=IV5&chapter=4&clang=_en>, archived at <perma.cc/3JUU-6FQT>.
119