SOLVING STATELESSNESS
of proportionality and the automatic extension of deprivations
of nationality to a person’s dependents were added.16 While the
resolution has never defined what constitutes legitimate deprivation
of nationality, these additions help to clarify the safeguards needed to
prevent a deprivation of nationality from being arbitrary.
The resolution has also included progressively more on States’
positive obligations to prevent statelessness and grant nationality
to particular groups. These include paragraphs urging “all States to
prevent statelessness through legislative and other measures aimed
at ensuring that all children are registered immediately after birth
and have the right to acquire a nationality and that individuals do not
become stateless thereafter”17 and encouraging States “to grant their
nationality to persons who had habitual residence in their territory
before it was affected by the succession of States, especially if those
persons would otherwise become stateless”.18 The resolution thus
helps to identify and promote good practice in the area of nationality
law.
The proposal that States refrain from automatically extending
deprivation of nationality to dependents19 and the inclusion of
more extensive discussion of the right of the child to nationality and
protection of children against statelessness in the 2016 resolution20
seems to fit with the trend towards increasing recognition that women
and children should have an autonomous right to nationality rather
than one which derives from their husbands or fathers. In this respect
subsequent resolutions pick up on the resolution on ‘The right to a
nationality: women and children’ adopted at the March 2012 session.21
Unlike the arbitrary deprivation of nationality resolution, this has not
been a regular part of the Human Rights Council’s work, but the level
16
17
18
19
20
21
HRC, Resolution 26/14, supra n13, paras. 16-17. Repeated in HRC, Resolution
32/5, supra n13, paras. 16-17.
HRC, Resolution 20/5, supra n10, para.9; HRC, Resolution 26/14, supra n13,
para. 10.
HRC, Resolution 20/5, supra n10, para. 11; HRC, Resolution 26/14, supra n13,
para. 18; and HRC, Resolution 32/5, supra n13, para. 6.
HRC, Resolution 26/14, supra n13, para. 17; HRC, Resolution 32/5, supra n13,
para. 17.
HRC, Resolution 32/5, supra n13, paras. 9-10 and 18-21.
HRC, Resolution 20/4, supra n10.
19