PRACTICAL GUIDE ON NATIONALITY 7.1.2. Denial of nationality as a form of persecution or serious harm The denial of nationality does not in itself amount to persecution or serious harm, as states retain the sovereign right to establish their own legislation regulating nationality and access to it. However, where nationality law includes discriminatory provisions (e.g. on the basis of ethnicity, language, race or religion ( 112)), the denial of nationality (and of the rights attached to it) may amount to persecution or serious harm where it constitutes a severe violation of international human rights law. The fact that the nationality laws of a country do not confer nationality to all those born in its territory (e.g. because jus soli does not apply) does not mean that these persons are refugees or beneficiaries of subsidiary protection per se. Moreover, being subjected to a generally applicable but restrictive naturalisation policy which is not inherently arbitrary does not in itself constitute persecution or serious harm ( 113). For example, nationality laws may provide for requirements of long-term residence or proof of substantial financial resources for naturalisation. Rejection of an application for naturalisation because the person does not meet such criteria would not be regarded as arbitrary. Even where the naturalisation policy would be inherently arbitrary, it is necessary to assess the consequences of it to determine if they would amount to persecution or serious harm. Nationality laws may also include ambiguous religion or belief-related provisions that leave the possibility of discriminatory application ( 114). For example, an individual may be denied nationality for having a religion considered to be ‘inconsistent with the national customs and law’ of the country. Similarly, persons with diverse sexual orientations, gender identities and expressions and sex characteristics may face discrimination in the context of nationality laws. Many states that criminalise persons based on their actual or perceived sexual orientations, gender identities and expressions and sex characteristics interpret their nationality laws that contain requirements such as to be of ‘sound mind’, ‘good moral character’ or have ‘knowledge of civic values’, to exclude them from becoming nationals ( 115). Discrimination may also be based on the person’s disability. For example, nationality laws may explicitly bar people with mental or physical disabilities from acquiring citizenship ( 116). 7.1.3. Forced attribution of nationality as a form of persecution or serious harm There may be situations where a state forcibly attributes its nationality to a person or to a whole population. This could happen, for example, if the state is occupying the territory of another country in violation of international law and illegally assimilates the population living on the occupied territory to its own territory and population (see 4.1. Deprivation or attribution (112) UNHCR, “This is Our Home” Stateless Minorities and their Search for Citizenship, 2017 p. 3. (113) F. Michelle and H. Lambert, International Refugee Law and the Protection of Stateless Persons, Oxford, 2019; online edition, Oxford Academic, 23 May 2019, p. 155-156. (114) UNHCR, Background Note on Discrimination in Nationality Laws and Statelessness, 2021, p. 10. (115) Ibid. pp. 13-14. (116) Ibid. pp. 10-11. 73