2019 Statelessness & Citizenship Review 1(2) the ‘wrong’ group of people to be subjected to citizenship deprivation. Since ‘community ties’ are not considered or wrongly considered at this level, a subsequent expulsion decision can easily be blocked because of the (previously not considered) individual’s art 8 ties. Experience teaches us that subsequent expulsion decisions will generally happen, because denationalising an individual without subsequently expelling them will allow the individual to stay on the territory, albeit as a non-citizen. However, from security perspectives, the citizenship status of an individual is irrelevant. Having the ECtHR consider the applicant’s community ties already at the level of the measure potentially leading up to expulsion, might avoid such discrepancies. The Court’s established case law on art 8 in the context of expulsion has taught us that they hold a ‘realistic’ view of community ties — unlike the Belgian authorities — which they could then extend to the level of the deprivation decision. Although the ECtHR does not consider citizenship deprivation as an explicit discrimination issue, nationality legislation is a field of law where many differences are installed. This opens the door for an examination under art 14 ECHR, most often in combination with art 8 ECHR. For example, Belgian legislation installs a difference between children born Belgian as a consequence of being born to Belgian parents, and children who became Belgian as a consequence of their parents acquiring Belgian citizenship. 138 Is such a difference maintainable from the perspective of the prohibition of discrimination? From analysing the ECtHR’s case law we learn that it is not. No objective justification could be found for treating both categories of Belgian nationals differently. Unlike the ECHR’s (current) protection in the context of private and family life, 139 its case law on the prohibition of discrimination in the context of nationality issues seems to offer more redress for the individuals targeted by denationalisation polices. 138 CBN (n 5) arts 8(1) 1°, 12, 23–23/2(1). 139 ECHR (n 7) art 8. 282

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