to be naturalized as a citizen of another State, the Contracting State should ensure
that statelessness does not result from this renunciation. It is therefore advisable that
the assurance of acquisition of a second nationality referred to in Article 7(2) should
consist of a written statement from the State in which nationality is being sought that
acquisition of nationality is imminent.29 Contracting States should ensure that an
individual will not be left without a nationality for a prolonged period, and that nationality
is automatically re-acquired, or deemed never to have been lost, in the event that the
assurance proves false or where there are significant delays in the naturalization
process.30
Where a Contracting State does not permit its naturalized citizens to hold another
nationality, it is strongly encouraged to allow for a grace period of not less than one
year immediately after naturalization during which an individual may renounce their
first nationality. Requiring an individual to renounce his or her first nationality before
they are naturalized as a citizen of a Contracting State may cause a situation where
the person seeking naturalization is temporarily stateless while the naturalization
procedure is ongoing. If a Contracting State nevertheless chooses to require that a
person renounce their original nationality as part of the naturalization process, and
that person faces impediments during the process which results in their ultimately not
being naturalized, the Contracting State should take all possible steps to assist the
person in re-acquiring their former nationality.
States not party to the 1961 Convention that require naturalized citizens to
renounce any other nationality and States whose nationals renounce nationality as
part of a naturalization process in another State are strongly encouraged to apply the
guidance in paragraphs 80-83 below as a method of safeguarding the fundamental
right to a nationality.
Loss of nationality of the child or spouse of a person whose nationality has been
withdrawn (1961 Convention, Article 6)
Under Article 6 of the 1961 Convention, “[i]f the law of a Contracting State provides
for loss of its nationality by a person’s spouse or children as a consequence of that
person losing or being deprived of nationality, such loss shall be conditional upon their
possession or acquisition of another nationality.” A Contracting State may therefore
not permit automatic loss of nationality of spouses or children of individuals whose
nationality it has withdrawn where it would render that child or spouse stateless.
As stated in paragraph 20 above, Contracting States must adhere to their specific
obligations under the CRC. States party to the Convention on the Elimination of
Discrimination against Women (“CEDAW”) are obliged under Article 9(1) of that
29
See paragraphs 80-83 below.
See e.g., Human Rights Council, Human rights and arbitrary deprivation of nationality: Report of the SecretaryGeneral, 19 December 2013, A/HRC/25/28, para. 8.
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