do not amount to deprivation of nationality but are likely to have a similarly adverse impact
on individual rights.
5. The avoidance of statelessness
5.1.
States must not render any person stateless through deprivation of nationality.
5.2.
An assessment of whether deprivation of nationality will render a person stateless, is
neither a historic nor a predictive exercise. The question to be answered is whether, at the
point of deprivation, the individual is considered by the competent authority of any other
State, as a national under the operation of its law.
6. The prohibition of discrimination
6.1.
A State must not deprive any person or group of persons of their nationality as a result of
direct or indirect discrimination in law or practice, on any ground prohibited under
international law, including race, colour, sex, language, religion, political or other opinion,
national or social origin, ethnicity, property, birth or inheritance, disability, sexual
orientation or gender identity, or other real or perceived status, characteristic or affiliation.
6.2.
Each State is bound by the principle of non-discrimination between its nationals, regardless
of whether they acquired nationality at birth or subsequently, and whether they have one
or multiple nationalities.
7. The prohibition of arbitrary deprivation of nationality
7.1.
Arbitrary deprivation of nationality
The deprivation of nationality of citizens on national security grounds is presumptively arbitrary. This
presumption may only be overridden in circumstances where such deprivation is, at a minimum:
7.1.1.
7.1.2.
7.1.3.
7.1.4.
7.1.5.
Carried out in pursuance of a legitimate purpose;
Provided for by law;
Necessary;
Proportionate; and
In accordance with procedural safeguards.
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