34
RAMADAN v. MALTA JUDGMENT – SEPARATE OPINION
8. The Convention organs have consistently held that a “right to
nationality” similar to that in Article 15 of the Universal Declaration of
Human Rights, or a right to acquire a particular nationality, is not
guaranteed by the Convention or its Protocols, and have therefore declared
the complaints related to this right incompatible ratione materiae33. This has
also been applied to non-citizens and stateless persons prevented from
acquiring the nationality of a State in cases of State succession 34. However,
in the Karassev case, the Court did not exclude “that an arbitrary denial of a
citizenship might in certain circumstances raise an issue under Article 8 of
the Convention because of the impact of such denial on the private life of
the individual”35. There is nothing to suggest that the above principle cannot
apply to cases of deprivation or loss of citizenship or to the right to
renounce citizenship.
9. The issue of arbitrary denial of citizenship can also arise under
Article 3 of Protocol No. 4, if the purpose of the denial is to evade the
prohibition against expulsion of nationals. In Slivenko v. Latvia36, the Court
was asked to decide whether the expulsion of a Russian military officer’s
wife and daughter pursuant to the Latvian-Russian treaty on the withdrawal
of Russian troops violated Article 3 of Protocol No. 4.
10. Finally, it may be mentioned that the European Commission of
Human Rights did not exclude that the denial of nationality on the ground of
race or ethnicity might also constitute degrading treatment under Article 3
of the Convention37.
11. In sum, the now well-established prohibition of arbitrary denial or
revocation of citizenship in the Court’s case-law presupposes, by logical
33. See X v. Austria, no. 5212/71, Commission decision of 5 October 1972, DR 43, p. 69;
Family K. and W. v. the Netherlands, no. 11278/84, Commission decision of 1st July 1985,
DR 43, p. 216; and Poenaru v. Romania (dec.), no. 51864/99, 13 November 2001.
34. See for instance Fedorova v. Latvia (dec.), no. 69405/01, 9 October 2003.
35. Karassev v. Finland (dec.), no. 31414/96, ECHR 1999-II, and the case-law mentioned
in paragraph 61 of the present judgment. This has also been the case-law of the
Constitutional Court of Malta (see Tarek Mohammed Ibrahim v. Vici Prim Ministru et,
decided on 28 May 2012). Mr Karassev was born in Finland of parents who were citizens
of the Russian Federation on the date of his birth. The Court concluded that the decision of
the Finnish authorities refusing the citizenship by birth was not arbitrary in a way which
could raise issues under Article 8. As to the consequences of the denial to recognise the
applicant as a Finnish national, the Court noted that he was not threatened with expulsion
from Finland, neither alone or together with his parents, who had residence permits, which
could also be issued to the applicant at their request, the applicant also enjoyed social
benefits and the like in Finland. Against this background, the Court did not find that the
consequences of the refusal to recognise the applicant as a citizen of Finland, taken
separately or in combination with the refusal itself, could be considered sufficiently serious
so as to raise an issue under Article 8 of the Convention. The application was declared
inadmissible as being manifestly ill-founded.
36. Slivenko v. Latvia (dec.) [GC], no. 48321/99, ECHR 2002-II.
37. Slepcik v. the Netherlands and the Czech Republic (dec.), no. 30913/96, 2 September
1996.