2018] NATIONALITY AND DEFINING “THE RIGHT TO HAVE RIGHTS”
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protection” and “thus, a usual consequence of nationality was denied
them.” 137 Scholars articulated that nationality was significant because it “set[] in motion the machinery of diplomatic protection.” 138
The primacy of diplomatic protection manifested not only in the
works of scholars but also in the negotiations of State representatives.
From even the earliest drafts of the UDHR, it is apparent that
State representatives viewed the key distinction between nationals
and non-nationals to be the former’s access to diplomatic protection. 139 The Belgian delegate lamented “the tragic situation of stateless persons who had no diplomatic protection.” 140 The Dutch delegate interpreted statelessness similarly, characterizing the draft
UDHR’s inclusion of provisions on nationality as a means of ensuring that “everyone will have the right to invoke some official protection.” 141 The South African delegate urged that the right to a nationality be read narrowly, with a focus on access to protection. 142
Multiple State representatives proposed charging the United Nations
or the International Refugee Organization with the exercise of diplomatic protection for stateless persons. 143
Midway through the drafting, the right to a nationality was
removed, as State representatives could not agree on the value of announcing the right 144 or the mechanism by which stateless persons
should have access to diplomatic protection. 145 The right was only
137. Hudson, supra note 69, at 7.
138. PANHUYS, supra note 115, at 63.
139. Comm’n on Human Rights, Analysis of Various Draft International Bills of Rights,
supra note 132.
140. Comm’n on Human Rights, Second Session: Summary Record of Thirty-Seventh
Meeting, supra note 132.
141. Comm’n on Human Rights, Third Session: Comments from Governments on the
Draft International Declaration on Human Rights, Draft International Covenant on Human
Rights and the Question of Implementation, supra note 129.
142. Comm’n on Human Rights, Third Session: Comments from Governments on the
Draft International Declaration on Human Rights, Draft International Covenant on Human
Rights and the Question of Implementation, U.N. Doc. E/CN.4/82/Add.4 (Apr. 27, 1947).
143. See Comm’n on Human Rights, Second Session: Summary Record of ThirtySeventh Meeting, supra note 132; Comm’n on Human Rights, Third Session: Comments
from Governments on the Draft International Declaration on Human Rights, Draft
International Covenant on Human Rights and the Question of Implementation, supra note
129; Comm’n on Human Rights, Brazil: Amendment to the 3rd Paragraph of the French
Amendment, U.N. Doc. A/C.3/324 (Nov. 5, 1948).
144. Comm’n on Human Rights, Second Session: Summary Record of the Forty-Fourth
Meeting, U.N. Doc. E/CN.4/AC.1/SR.44 (May 24, 1948).
145. Comm’n on Human Rights, Second Session: Summary Record of the Thirty-Ninth
Meeting, U.N. Doc. E/CN.4/AC.1/SR.39 (June 1, 1948).
Electronic copy available at: https://ssrn.com/abstract=2954729