Grounds of Discrimination laws of several countries, such as Cameroon,41 and Panama,42 explicitly bar people with mental or physical disabilities from acquiring citizenship. More often, however, vague language leaves room for discriminatory application of official discretion. Certain procedural requirements, such as oaths or language tests, also present obstacles for persons with particular disabilities. Recently, some countries have taken steps to resolve situations of disability discrimination that lead to statelessness. In the United States, an amendment to the nationality laws in the year 2000 created an exception to the oath requirement, allowing for the naturalization of persons whose disabilities had previously precluded them from obtaining citizenship.43 However, even in countries where a legal exception exists, the discretionary nature of waiver rules can leave open the possibility of discrimination in their application. The complexity of this issue in the United States is highlighted by ongoing litigation challenging denials of testing waivers for certain applicants with disabilities.44 In Italy in late 2017, the Constitutional Court ruled that requiring an oath from persons who are unable to swear it due to a disability was unconstitutional, stating that the law as it stood resulted in an unacceptable limitation on the constitutional rights of persons with disabilities.45 This decision marks a welcome reform that will help allow persons with disabilities to access their fundamental right to nationality.46 Significantly, the Court based part of its reasoning on Italy’s obligations under international law, noting that article 18 of the CPRD provides that everyone, including persons with disabilities have the right to acquire and change citizenship, and they may not be deprived of this right.47 In addition to oath or testing requirements, many countries stipulate that the ability to contribute to society or the means to support oneself financially is a condition for naturalization, which can present a discriminatory barrier for persons with disabilities. This potential obstacle is further discussed below in the context of age discrimination. 41 Law No. 1968-LF-3 of the 11th June 1968 to set up the Cameroon Nationality Code, 1968-LF-3, 15 July 1968, section 25, available at: https://www.refworld.org/docid/3ae6b4db1c.html. 42 Constitution of Panama 1972, art. 12, available at: https://adsdatabase.ohchr.org/IssueLibrary/PANAMA_Constitution.pdf. 43 Public Law No. 106-448, 114 Stat. 1939, 2000 (codified as amended at 8 U.S.C. § 1448 (2018)). 44 See e.g., De Dandrade v. U.S. Department of Homeland Security, No. 19-1002 (2d Cir. argued June 12, 2019). For news coverage of the lawsuit, see Telemundo, Demanda Alega Proceso de Ciudadanía Discriminatorio, 18 December 2017, available at: https://www.telemundo47.com/responde/demanda-alega-proceso-de-ciudadan_a-discriminatoria_tlmd-nuevayork/33900/. 45 Dante Figueroa, “Italy: Constitutional Court Issues Decision on Citizenship Oath”, 2018, Law Library of Congress, available at: https://www.loc.gov/item/global-legal-monitor/2018-01-18/italy-constitutional-court-issues-decision-on-citizenship-oath/ (“To accept the contrary of this reasoning would mean that legally and in fact there would be two classes of persons vis-à-vis the enjoyment of constitutional rights: those with disabilities and those without, and that hypothesis is unacceptable.”). 46 In 2015, UNHCR highlighted the situation of a stateless young Roma woman living in Italy, Christina, who was unable to qualify for naturalization due to disability discrimination. This reform recognized the challenges experienced by young people like Christina and has mitigated their risk of statelessness due to discrimination. See UN High Commissioner for Refugees (UNHCR), I Am Here, I Belong: The Urgent Need to End Childhood Statelessness, 3 November 2015, available at: https://www.refworld.org/docid/563368b34.html. 47 Figueroa, No. 45. U N H C R > B AC KG R O U N D N OT E O N D I S C R I M I N AT I O N I N N AT I O N A L I T Y L AW S A N D S TAT E L E S S N E S S 11