ECN, Art. 5(1): “The rules of a State Party on nationality shall
not contain distinctions or include any practice which amount
to discrimination on the grounds of sex, religion, race, colour
or national or ethnic origin.
ECN, Art. 5(2): “Each State Party shall be guided by the
principle of non-discrimination between its nationals, whether
they are nationals by birth or have acquired its nationality
subsequently.
ECN, Art. 17(1): “Nationals of a State Party in possession of
another nationality shall have, in the territory of that State
Party in which they reside, the same rights and duties as other
nationals of that State Party.
UNHCR Guidelines No. 5, para. 77: “Article of the 1961
Convention] applies irrespective of whether or not
statelessness would result from the deprivation.
UNHCR Guidelines No. 5, para. 111: “States should take steps
to ensure that the practical effort of withdrawal of nationality
is not that certain groups (e.g., ethnic or religious minorities)
are disproportionately affected by laws and policies on and
practices of withdrawal of nationality. Such discriminatory
effect on a particular group may be present even when
legislation in the State contains strong safeguards against
statelessness.
41. The prohibition of discrimination is one of the foundational tenets of international human rights
law. UDHR Article declares that “all human beings are born free and equal in dignity and rights
and Article 2 provides that all rights shall be enjoyed without discrimination. The rights to equality
and non-discrimination are enshrined in all the core international and regional human rights
treaties. Article 2 of the two Covenants (ICCPR61 and ICESCR62) obligate State parties to ensure
that Covenant rights are exercised without any discrimination or distinction of any kind as to
“race, colour, sex, language, religion, political or other opinion, national or social origin, property,
birth or other status .
42. Further, as set out in the table above, Article
of the ICCPR protects every person’s equality
before the law and prohibits discrimination on any ground. Importantly, Article 26 is autonomous
from Article 2. It does not only ensure freedom from discrimination in relation to enjoyment of
Convention rights (as Article 2 does), it also "prohibits discrimination in law or in fact in any field
61
International Covenant on Civil and Political Rights (ICCPR), adopted 16 December 1966, entered into force 23 March 1976, 999 UNTS 171.
International Covenant on Economic, Social and Cultural Rights (ICESCR), adopted 16 December 1966, entered into force 3 January 1976, 993
UNTS 3.
62
35
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