explicitly states that the prohibition of discrimination applies even in time of public emergency threatening the life of the nation.20 Other international standards 13. The UK has ratified a number of other international treaties, which contain provisions protecting the right to a nationality and prohibit arbitrary deprivation of nationality.21 The UK is not party to the European Convention on Nationality. 22 14. The Principles on Deprivation of Nationality as a National Security Measure provide important guidance on the question of deprivation of nationality. 23 They consolidate international law and legal standards under the UN Charter, treaty law, customary international law, general principles of law, judicial decisions and legal scholarship, and regional and national law and practice. They restate and reflect the international law obligations of States when taking or considering taking steps to deprive nationality as a national security measure.24 The Principles were developed with input from more than 60 leading experts in the fields of human rights, nationality and statelessness, counter-terrorism, refugee protection, child rights, migration and related areas. At the time of submission, they have been endorsed by over 110 individual experts and organisations, including leading academics, UN Special Rapporteurs and Treaty Body members, litigators, judges, parliamentarians and diplomats. 15. According to the analysis of international law standards presented in the Principles, state discretion in relation to deprivation of nationality is subject to the individual right to nationality,25 the prohibition of arbitrary deprivation of nationality,26 the prohibition of discrimination27 and the obligation to avoid statelessness.28 Furthermore, the impact of nationality deprivation on the enjoyment of other human rights, humanitarian and refugee law obligations and standards must be taken into consideration when assessing the legality of citizenship deprivation. These include the right to enter and remain in one’s own country, the prohibition of refoulement, the prohibition of torture and cruel, inhuman or degrading treatment or punishment, the liberty and security of the person the right to private and family life, legal personhood and the rights of the child.29 Any measures to deprive nationality must also comply with due process safeguards. 30 20 Article 4 ICCPR. Article 18 Convention on the Rights of Persons with Disabilities, subject to a reservation; Article 7 Convention on the Right s of the Child (‘CRC’); Article 5 (d) (iii) Convention on the Elimination of All Forms of Racial Discrimination (‘CERD’); Article 9 Convention on the Elimination of All Forms of Discrimination against Women. 22 Significant provisions of the European Convention of Nationality: Article 4 - (a) everyone has the right to a nationality; (b) statelessness shall be avoided; (c) no one shall be arbitrarily deprived of his or her nationality; Article 5: rules on nationality shall not contain distinctions or include any practice which amount to discrimination on the grounds of sex, religion, race, colour or national of ethnic origin; Article 7: State Party may not provide in its internal law for the loss of nationality except where ‘conduct seriously prejudicial to the vital interests of the State Party’. 23 Principles on Deprivation of Nationality as a National Security Measure, March 2020. Available at: https://files.institutesi.org/PRINCIPLES.pdf. 24 A detailed Commentary to the Principles provides an in-depth analysis and overview of the international law norms and standards, which underlie the Principles. This Commentary can be found here: https://files.institutesi.org/Principles_COMMENTARY.pdf. 25 Human Rights Council Resolution 7/10, Human rights and arbitrary deprivation of nationality, UN Doc A/HRC/RES/7/10 (27 March 2008); Human Rights Council Resolution 10/13, Human rights and arbitrary deprivation of nationality, UN Doc A/HRC/RES/10/13 (26 March 2009); Human Rights Council Resolution 13/2, Human rights and arbitrary deprivation of nationality, UN Doc A/HRC/RES/13/2 (24 April 2010); Human Rights Council Resolution 20/4, The right to a nationality: women and children, UN Doc A/HRC/RES/20/4 (16 July 2012); Human Rights Council Resolution 20/5, Human rights and arbitrary deprivation of nationality, UN Doc A/HRC/RES/20/5 (16 July 2012); Human Rights Council Resolution 26/14, Human rights and arbitrary deprivation of nationality, UN Doc A/HRC/RES/26/14 (11 July 2014); Human Rights Council Resolution 32/5, Human rights and arbitrary deprivation of nationality, UN Doc A/HRC/RES/32/5 (15 July 2016). 26 Principles on Deprivation of Nationality as a National Security Measure, March 2020. Available at: https://files.institutesi.org/PRINCIPLES.pdf., Principle 7. See also, the Draft Commentary to the Principles, available at: https://files.institutesi.org/Principles_COMMENTARY.pdf. 27 Ibid Principle 6. 28 Ibid Principle 5. 29 Ibid Principle 9. 30 Ibid Principle 8 21 4