European States’ Obligations to Repatriate the Children Detained in Camps in Northeast Syria
also make sure that the best interests of the children and their right to
privacy are respected.255
ii.
Revocation of Nationality of Parents and/or Children
Revocation of nationality is an extreme measure for individuals and those
around them, because it directly and indirectly interferes with the enjoyment
of a broad range of rights and significantly hampers individuals’ ability to
claim and secure their rights. 256 Therefore, it can be used only in the most
exceptional circumstances and, accordingly, is subject to strict limits.257
Under international law, revocation of nationality is permitted only on
limited and specific grounds, including when individuals have conducted
themselves in a manner seriously prejudicial to the vital interests of the
state.258 While the term “vital interests” is sometimes constructed broadly as
covering threats to national security,259 as a rule, States shall not deprive
persons of nationality for the purpose of safeguarding national security. 260
Any exception to this rule should be interpreted and applied narrowly, only
in situations in which it has been determined by a lawful conviction that
meets international fair trial standards, proving that the person has
conducted themselves in a manner seriously prejudicial to the vital interests
of the state.261 The exercise of this narrow exception to deprive a person of
nationality is further limited by other standards of international law,
including the avoidance of statelessness; the prohibition of discrimination;
the rights to a fair trial, remedy, and reparation; and the prohibition of
arbitrary deprivation of nationality.262
255 Ibid, para. 99. See also: Jonny Taitz, Jacqueline Weekers and Davide T. Mosca, “The Last Resort:
Exploring the Use of DNA Testing for Family Reunification,” Health and Human Rights, Volume 6,
Issue 1, 2002, pp. 20-32.
256 See: Helen Duffy “Foreign Terrorist Fighters”: A Human Rights Approach?”, Security and Human Rights
Volume 29, Issue 1-4, 2018, p. 149; OSCE/ODIHR, “Guidelines for Addressing the Threats and
Challenges of ‘Foreign Terrorist Fighters’ within a Human Rights Framework”, 2018, p. 48. A detailed
report of the impact of deprivation of nationality on the enjoyment of human rights is contained in Human
Rights Council, “Report of the Secretary-General on Human Rights and Arbitrary Deprivation of
Nationality,” A/HRC/19/43, 19 December 2011.
257 Helen Duffy “Foreign Terrorist Fighters”: A Human Rights Approach?”, 2018, p. 149.
258 For more information on various grounds for loss or deprivation of nationality see: ibid. and Human
Rights Council, “Report of the Secretary-General on Human Rights and Arbitrary Deprivation of
Nationality”, 19 December 2013, A/HRC/25/28, para. 7-12. See also: UNHCR, Guidelines on
Statelessness No. 5: Loss and Deprivation of Nationality under Articles 5-9 of the 1961 Convention on
the Reduction of Statelessness, HCR/GS/20/05, May 2020.
259 Jules Lepoutre, “Citizenship Loss and Deprivation in the European Union (27 + 1)”, EUI Working Paper
RSCAS2020/29, May 2020.
260 OSJI/ISI, Principles on Deprivation of Nationality as a Security Measure, 2020, Principle 4.1.
261 Ibid, Principle 4.3.
262 Ibid, Principle 4.3.
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