to a foreign man than vice-versa makes this provision particularly important to prevent
statelessness among women.
43. There was a strong consensus that the exceptions to this rule allowed by Article 7(1)(b)
which refer to UDHR Articles 13 and 145 are of limited relevance and that they have
largely been superseded by subsequent developments in international law, in particular
the right to leave any country including one´s own, as set out in ICCPR Article 12 and
regional other instruments.
Article 7(2): No loss of nationality upon application for naturalization in another State if it
results in statelessness
44. Article 7(2) of the 1961 Convention allows for loss of nationality when a citizen applies for
naturalization in a foreign State. However, it conditions such loss on possession, or – if the
other nationality has yet to be acquired – an assurance to acquire the other nationality. In
the latter case, it is only acceptable to allow for loss of nationality if the assurance is
unconditional and does not leave any discretion to the authorities of the country of the other
nationality.
45. Some Contracting States require applicants for naturalization to have renounced their
former nationality and give for that purpose an assurance that the naturalization will be
granted upon submission of proof of renunciation of the foreign nationality. There is an
implicit obligation under the 1961 Convention that once issued, assurances may not be
retracted on the grounds that conditions of naturalization are not met, thereby rendering the
person stateless. As an alternative to issuance of an assurance, some States provide that
naturalization is granted against a pledge by the individual to renounce his/her foreign
nationality, and set a fixed period for submitting proof of such renunciation. In the event the
proof is not submitted, the naturalization decision is declared null and void.
Article 7(3)-(5): Basic rule and exceptions relating to loss on the basis of prolonged
residence and birth to a national abroad
46. Article 7(3) of the 1961 Convention provides that loss of nationality as a result of
departure, residence abroad, failure to register or similar reasons may not render persons
stateless. Article 7 paragraphs (4) and (5) allow for two exceptions to this rule, namely
that loss may occur on the basis of continuous residence abroad for seven consecutive
years or more by naturalized citizens without registration with national authorities or for
failure of citizens born abroad to take steps (residence on State territory or registration
with a national authority), to retain their nationality within one year of reaching the age of
majority.
47. As is evident in the Final Act of the 1961 Convention, persons who acquired nationality
under the terms of Articles 1-4 of the 1961 Convention may not be considered as
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These provisions read as follows:
Article 13. (1) Everyone has the right to freedom of movement and residence within the borders of each state.
(2) Everyone has the right to leave any country, including his own, and to return to his country.
Article 14. (1) Everyone has the right to seek and to enjoy in other countries asylum from persecution. (2) This
right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts
contrary to the purposes and principles of the United Nations.
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