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The 1997 European Convention on Nationality limits even further the capacity
of States to deprive persons of their citizenship if it results in statelessness.
According to that Convention, deprivation of citizenship is only justified in cases
of acquisition of nationality by fraud or misrepresentation. However, if deprivation
of citizenship does not result in statelessness, the State can deprive a national
of its citizenship because of:
– Voluntary acquisition of another nationality;
– Voluntary service in a foreign military force;
– Conduct seriously prejudicial to the vital interests of the State;
– lack of a genuine link between the State
and a national who habitually resides abroad;
– Preconditions leading to the automatic
acquisition of the nationality of the State,
as set out in domestic law, were not fulfilled
(this is applicable only to minors); or
– An adopted child acquires or possesses the foreign
nationality of one or both of the adoptive parents.
Main provisions of the 1961 United Nations
Convention on the Reduction of Statelessness
On granting nationality (Articles 1, 2, 3, and 4)
Nationality shall be granted to those who would otherwise be stateless
who have an effective link with the State through either birth or descent.
Nationality shall be granted:
• at birth, by operation of law to a person born in the State’s territory;
• by operation of law at a fixed age, to a person born in the State’s
territory, subject to conditions of national law;
• upon application, to a person born in the State’s territory (the application
may be made subject to one or more of the following: a fixed period in
which the application may be lodged, specified residency requirements,
no criminal convictions of a prescribed nature, and/or that the person
has always been stateless);
• at birth, to a legitimate child whose mother has the nationality of the
State in which the child is born;
• by descent, should the individual be unable to acquire nationality of the
Contracting State in whose territory he/she was born due to age or
residency requirements (this may be subject to one or more of the following:
a fixed period in which the application may be lodged, specified residency
requirements, and/or that the person has always been stateless);
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