UN instruments, it is possible to discern some general principles in relation
to the arbitrary deprivation of nationality. Deprivation of nationality will
be arbitrary unless it is established by law, is non-discriminatory, serves a
legitimate purpose, is the least intrusive instrument to achieve the desired
result, and is proportionate to the interest to be protected.113 Additionally,
any decision to deprive an individual of their nationality must be made in
conformity with due process standards and procedural safeguards.
A decision to deprive someone of their nationality will be established by
domestic law if it is predictable, and therefore the ex post facto deprivation of
nationality through laws which deprive individuals of nationality retroactively
would be arbitrary. Likewise, a provision regarding the acquisition of
nationality may not be repealed or restricted with retroactivity.114 The
requirement that any decision to deprive someone of nationality be made
in accordance with law is also found in Article 8(4) of the 1961 Convention,
which elaborates that the person concerned has “the right to a fair hearing by
a court or other independent body”. In addition to the above requirements,
the decision to deprive a person of his or her nationality must follow certain
procedural standards so as to not be arbitrary.115 This would include the
right to have a reasoned decision in writing, that is open to administrative or
judicial review, and subject to an effective remedy.116
The 1961 Convention does not allow for deprivation of nationality where
it is based on ‘racial, ethnic, religious or political grounds.’117 International
human rights law has built on this limitation, and deprivation of nationality
will be arbitrary, and therefore not permissible, if it is based on discrimination
on any ground prohibited in international human rights law. Those include
the grounds found in the ICCPR, namely race, colour sex, language, religion,
political or other opinion, national or social origin, property, birth or other
status.118 The CERD contains a specific prohibition of racial discrimination
in relation to nationality, which historically has been a common basis for
arbitrary deprivation of nationality of groups of people.119 Furthermore,
the prohibition on racial discrimination is considered a jus cogens norm of
international law.120 The deprivation of nationality of people on the ground
of disability, including health conditions, is also prohibited by the Convention
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