International Legal Framework
CRPD likewise obliges States parties to guarantee the right of persons with disabilities to acquire and
change their nationality and to access nationality documentation on an equal basis with others.16
Regional human rights instruments further reinforce States’ obligations to ensure non-discriminatory
access to nationality. The African Charter on the Rights and Welfare of the Child provides for the right of
every child to acquire a nationality without discrimination.17 The American Convention on Human Rights
similarly prohibits discrimination and guarantees the right of every person to a nationality.18 The
European Convention on Human Rights (ECHR) does not contain an explicit right to nationality, but the
European Court of Human Rights (ECtHR) has left open the possibility that the right to respect for the
private life of an individual could preclude States from arbitrarily denying citizenship,19 and ruled that
indirect racial discrimination in nationality matters constitutes a violation of the prohibition of
discrimination when read in conjunction with the right to family life.20 The Council of Europe has
produced the European Convention on Nationality which contains a clear formulation of the principle of
non-discrimination in nationality matters,21 as well as the Convention on the Avoidance of Statelessness
in Relation to State Succession. The League of Arab States has adopted the Arab Charter on Human
Rights, which stipulates that all persons shall have the right to a legal identity and a life of dignity. It
further enshrines the equality of all human beings.22
Indirect discrimination can lead to violations of the right to a nationality and the principle of nondiscrimination in international human rights law.23 Even when nationality laws contain no explicitly
discriminatory provisions, practice should be monitored to ensure consistent and equitable application,
especially in the case of discretionary procedures. In countries with multi-step processes for the
acquisition of citizenship, such as a required period of holding a residence permit or other preliminary
status, discrimination may not be explicit in its citizenship laws but present in an earlier part of the
process, such as admission to the country.24 Discrimination in law or practice at any stage can prevent a
stateless person from achieving naturalization.
16 Convention on the Rights of Persons with Disabilities, 2515 UNTS 3, (CRPD), arts. 5, 12 and 18. See also UN Committee on the
Rights of Persons with Disabilities (CRPD), General Comment No. 1 (2014). Article 12: Equal recognition before the law, 19 May
2014, CRPD/C/GC/1 and UN Committee on the Rights of Persons with Disabilities (CRPD), General Comment No. 6 (2018) on
equality and non-discrimination, 26 April 2018, CRPD/C/GC/6.
17 Organization of African Unity (OAU), African Charter on the Rights and Welfare of the Child, 11 July 1990, CAB/LEG/24.9/49
(1990), art. 3 and 6(3).
18 Organization of American States (OAS), American Convention on Human Rights, “Pact of San Jose”, Costa Rica, 22
November 1969, art. 20.
19 See e.g., Karassev and Family v. Finland, European Court of Human Rights, App. No. 31414/96, 12 January 1999 and
Genovese v. Malta, European Court of Human Rights, App. No. 53124/09, 11 October 2011.
20 Biao v. Denmark, European Court of Human Rights, App. No. 38590/10, 24 May 2016.
21 Council of Europe, European Convention on Nationality, 6 November 1997, ETS 166, art. 5.
22 League of Arab States, Arab Charter on Human Rights, 2004. See also League of Arab States, Arab Declaration on
Belonging and Legal Identity, 28 February 2018.
23 Chrisa Tobler, “Limits and potential of the concept of indirect discrimination”, 2008, European Commission, pp. 12-13.
24 Fitzgerald, n. 4, p. 29.
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