Coalition on Every Child’s Right to a
Nationality
UNCHR
and
UNICEF
are
jointly
leading a global coalition on the child’s
right to a nationality. The Coalition aims to
develop, expand and strengthen international
cooperation to raise awareness of and
combat the hidden problem of child statelessness. It also aims to promote the right
of every child to acquire a nationality. Information is available at www.unhcr.org/
ibelong/minority-children-statelessness/
2.1.2 The Prohibition of Arbitrary
Deprivation and Denial of Nationality
91.
States should never deprive a child of
his or her nationality. This remains the same
for children affected by the foreign fighter
phenomenon who are often victims of violations
of international law by multiple groups. (See
section 1.3.1 on treatment of children
primarily as victims.) Children should not have
their nationality status affected based on the
status of their parents or any alleged
affiliation or association resulting from coercion or
manipulation.
Deprivation
or
denial
of
nationality is never in the best interests of
the child, as this is likely to result in economic,
emotional,
social
and
immigration
consequences.162 From a security perspective,
deprivation of nationality of a child contributes to creating greater insecurity by leaving
children with no support to recover or reintegrate and increases marginalization, which may
lead to turning to violent extremism in the future.
162 Interregional Crime and Justice Research Institute, Report on Children and Counter-Terrorism (2016), 42.
42.
92.
Arbitrary deprivation of nationality is
prohibited under international law. While the
deprivation of nationality is permissible under
international law in certain situations, it must
not be arbitrary or unreasonable under the particular circumstance.163 It thus must be carried
out in accordance with due process protections
and other procedural safeguards to ensure that
it serves a legitimate purpose and that it is the
least intrusive instrument to achieve the desired
result, as well as be proportional to the aim it
is seeking to accomplish.164 Circumstances that
authorize the deprivation of nationality have
been noted to include situations in which an
individual has acted in a way that is seriously
prejudicial to the vital interests of the State.165
Decisions relating to nationality should be issued
in writing and open to effective administrative or
judicial review, including on substantive issues.166
93.
Deprivation
of
nationality
poses
significant risks for human rights violations not
only for the individuals stripped of nationality,
but also for any children associated with them,
especially when their nationality or immigration
163 “Arbitrariness” has been interpreted to mean that every interference must be reasonable in the particular circumstances. See A/HRC/13/34, para. 24.
164 A/HRC/13/34, para. 25.
165 Convention on the Reduction of Statelessness (1961),
art. 8(3)(a)(ii).
166 Counter-Terrorism Implementation Task Force Working Group on Promoting and Protecting Human Rights
and the Rule of Law while Countering Terrorism, Guidance to States on human rights-compliant responses to the threat posed by foreign fighters (2018), 21-23.