Netherlands International Law Review (2018) 65:413–430
https://doi.org/10.1007/s40802-018-0123-8
ARTICLE
All Citizens are Created Equal, but Some are More Equal
Than Others
Laura van Waas1,2 · Sangita Jaghai1,2
Published online: 30 November 2018
© The Author(s) 2018
Abstract
Nationality is the legal bond between a person and a state that connotes full and
equal membership of the political community. Yet, in the practice of states, not
everyone who is admitted as a national enjoys the full package of rights attached,
nor the same security of status. The phenomenon of inequality among citizens is
particularly apparent when examining the question of how protected the legal bond
itself is: citizenship by birth is more secure than citizenship acquired otherwise—
such as by naturalisation—and mono citizens are less prone to withdrawal of nationality than persons with dual or multiple nationality. As nationality revocation gains
new attention from states as a tool to counter terrorism, prompting much political,
public and academic debate, the reality that this measure often applies only to particular sub-groups of citizens demands closer scrutiny. This article explores how
law and practice on citizenship deprivation is to be evaluated against contemporary
standards of international law. While states justify unequal application of citizenship
deprivation measures by invoking the duty to avoid statelessness, this article shows
that the application of other international standards such as non-discrimination and
the prohibition of arbitrary deprivation of nationality calls into question the legitimacy of citizenship stripping as a security instrument. Finally, the article reflects on
the broader implications of the current trend towards greater inequality of citizenship status as a reaction to the perceived threat that terrorism poses to the integrity
of the state, discussing how the creation of different classes of citizen is in fact likely
to have a deeper and more lasting impact on the foundations of liberal democracies.
Keywords Equality · Citizenship · Nationality · Deprivation · Discrimination ·
Statelessness
This article draws on research conducted by the authors in preparation for an Expert Roundtable
on Citizenship Stripping as a National Security Measure, convened in The Hague in June 2018 by
the Institute on Statelessness and Inclusion, Open Society Justice Initiative, the Asser Institute and
Ashurst. It is also informed by the overall direction of discussions at that Roundtable, the report of
which is forthcoming.
Extended author information available on the last page of the article
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