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 Likewise, a provision regarding the acquisition of nationality may not be repealed or restricted with retroactivity.114 The requirement that any decision to deprive someone of nationality be made in accordance with law is also found in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 48

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