nationality on racial, ethnic, religious or political grounds, regardless of whether or not it would result in statelessness. B. Loss of nationality This section focuses on circumstances in which an individual may lose nationality pursuant to the standards set out in Articles 5-7 of the 1961 Convention. General prohibition of loss of nationality where it would render a person stateless (1961 Convention, Articles 7(6) and 7(3)) Contracting States generally may not permit loss of nationality where it would render a person stateless. Article 7(6) of the 1961 Convention provides that “[e]xcept in the circumstances mentioned in this Article, a person shall not lose the nationality of a Contracting State, if such loss would render him stateless, notwithstanding that such loss is not expressly prohibited by any other provision of this Convention.” A further safeguard against statelessness in the context of loss of nationality is found under Article 7(3) of the 1961 Convention, which provides that “[s]ubject to the provisions of paragraphs 4 and 5 of this Article, a national of a Contracting State shall not lose his nationality, so as to become stateless, on the ground of departure, residence abroad, failure to register or on any similar ground.” Articles 5 and 6 of the 1961 Convention permit loss of nationality which does not result in statelessness under specific circumstances. These are set out in paragraphs 16-32 below. Articles 7(4) and 7(5) of the 1961 Convention establish narrow exceptions to the general prohibition on loss of nationality which results in statelessness, and these are outlined in paragraphs 33-44 below. Change in personal status (1961 Convention, Article 5(1)) Under Article 5(1) of the 1961 Convention, a person may lose the nationality of a Contracting State as a result of a change in civil status, namely “marriage, termination of marriage, legitimation, recognition or adoption”. This is conditional upon such a loss being provided for within the law of a Contracting State12 and upon the person possessing or acquiring another nationality.13 A person may not therefore lose nationality under this ground so as to become stateless. International human rights treaty provisions particularly relevant to the interpretation and application of Article 5(1) of the 1961 Convention include Article 9(1) of the Convention on the Elimination of Discrimination against Women (“CEDAW”), under which State Parties “shall ensure … that neither marriage to an alien nor change of nationality by the husband during marriage shall automatically 12 13 See paragraphs 92-93 below. See paragraphs 80-83 below. UNHCR > GUIDELINES ON STATELESSNESS NO.5 6

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