PRACTICAL GUIDE ON NATIONALITY
For example, this could take the form of discriminatory administrative practices that prevent
the acquisition, or restoration of nationality, leading to the deprivation or loss of nationality, or
which prevent access to evidence of a held nationality based on the applicant’s ethnicity,
religion or political opinions. Discriminatory practices may include excessive administrative
fees, unreasonable deadlines, excessive evidentiary requirements and objective
impossibilities to acquire documentation substantiating a nationality that is actually held
(identity card, citizenship certificate, passport).
Such documentation is vital to proving the applicant’s entitlement to nationality.
Where the discrimination is systematic and persistent ( 117), it can leave the person
at risk of statelessness.
Even where the law is not exclusionary, women and girls from minority groups may
experience discrimination in practice when seeking to access nationality rights. Barriers with
regard to birth registration and obtaining birth certificates hinder the ability of women to
register or naturalise their children. This is especially the case for women belonging to
ethnic and religious minorities, women living in conflict areas and refugee women ( 118).
Those discriminatory practices aim at depriving the applicant from the rights linked to their
nationality because they would not be able to exercise them in practice in the absence of the
necessary evidence showing they are already nationals. When the interferences with rights
linked to nationality crosses the threshold of sufficient severity, they would generally be
considered as amounting to persecution or serious harm.
In some cases, a state may leave a formal nationality to an individual while denying them the
resulting rights of citizenship. In particular, it may not grant them the protection of the state.
Similar considerations as the ones that apply to nationals who are deprived of their nationality
are also applicable to applicants who hold a nationality ex lege but who are not recognised as
such by their national authorities and who cannot enjoy the rights attached to their nationality
(see Section 7.1.1. Deprivation of nationality as a form of persecution or serious harm).
(117) UNHCR, “This is Our Home” Stateless Minorities and their Search for Citizenship, 2017 p. 7.
(118) UN Office of the High Commissioner for Human Rights, Report of the Special Rapporteur on violence against
women and girls, its causes and consequences, Reem Alsalem - Violence against women and girls, nationality
laws and statelessness, A/78/256, paragraph 12.
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