stem from the fact that the individual is a human being, as is the case generally speaking with
human rights.
One key human right of every human being is the right to a nationality, as provided for in
Article 15(1) of the Universal Declaration of Human Rights (UDHR), Article 23(3) of the
International Covenant on Civil and Political Rights (ICCPR), Article 7 of the Convention on
the Rights of the Child (CRC) and in various other international human rights instruments.
The following are some important examples of rights which, under international human rights
law, are reserved for nationals.115
Article 15(2) of the UDHR provides: “No one shall be arbitrarily deprived of his nationality
nor denied the right to change his nationality.”
Article 25 of the ICCPR provides:
Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article
2 [such as race, colour, sex, language, religion, political or other opinion, national or social origin,
property, birth or other status] and without unreasonable restrictions:
(a) To take part in the conduct of public affairs, directly or through freely chosen representatives;
(b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage
and shall be held by secret ballot, guaranteeing the free expression of the will of the electors;
(c) To have access, on general terms of equality, to public service in his country.
Additionally, Article 12 of the ICCPR provides:
[…]
2. Everyone shall be free to leave any country, including his own.
3. The above-mentioned rights shall not be subject to any restrictions except those which are provided by
law, are necessary to protect national security, public order (ordre public), public health or morals or the
rights and freedoms of others, and are consistent with the other rights recognized in the present
Covenant.
4. No one shall be arbitrarily deprived of the right to enter his own country.116
115
116
On the general limits to permissible distinctions between nationals and non-nationals with respect to the
enjoyment of human rights, see Commission on Human Rights, “Prevention of Discrimination: The Rights
of Non-Citizens”, E/CN.4/Sub.2/2003/23, 26 May 2003.
See Human Rights Committee, “General Comment No. 27: Freedom of Movement”,
CCPR/C/21/Rev.1/Add.9, 2 November 1999, para. 9: “In order to enable the individual to enjoy the rights
guaranteed by article 12, paragraph 2, obligations are imposed both on the State of residence and on the
State of nationality. Since international travel usually requires appropriate documents, in particular a
passport, the right to leave a country must include the right to obtain the necessary travel documents. The
issuing of passports is normally incumbent on the State of nationality of the individual. The refusal by a
State to issue a passport or prolong its validity for a national residing abroad may deprive this person of the
right to leave the country of residence and to travel elsewhere. It is no justification for the State to claim
that its national would be able to return to its territory without a passport.” Para. 20 of General Comment
No. 27 explains that the scope of the term “his own country” is broader than the term “country of
nationality”: “The wording of article 12, paragraph 4, does not distinguish between nationals and aliens (‘no
one’). Thus, the persons entitled to exercise this right can be identified only by interpreting the meaning of
the phrase ‘his own country’. The scope of ‘his own country’ is broader than the concept ‘country of his
nationality’. It is not limited to nationality in a formal sense, that is, nationality acquired at birth or by
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