the stated aim and substantially contribute to that purpose. Also, “necessity implies that the
conduct of the person concerned must create an imminent, ongoing and permanent risk to the
vital interests of the State because citizenship deprivation is permanent.
7.5. Proportionality
PRINCIPLE
LEGAL STANDARD
The decision to deprive someone of
their nationality must respect the
principle of proportionality. This
requires that in any case of deprivation:
HRC General Comment No. 27 on Art. 12 ICCPR: “ R estrictive
measures must conform to the principle of proportionality; they must
be appropriate to achieve their protective function; they must be the
least intrusive instruments amongst those, which might achieve the
desired result.
7.5.1. The immediate and long-term
impact of deprivation of nationality on
the rights of the individual, their family,
and on society is proportionate to the
legitimate purpose being pursued;
7.5.2. The deprivation of nationality is
the least intrusive means of achieving
the stated legitimate purpose; and
7.5.3. The deprivation of nationality is
an effective means of achieving the
stated legitimate purpose.
UNHCR Guidelines No. 5 (2020), para. 94 ff: “Withdrawal of
nationality must always be proportionate to a legitimate aim
Human Rights and Arbitrary Deprivation of Nationality: Report of the
Secretary General, A/HRC/25/28, para. 40: “Even where loss or
deprivation of nationality does not lead to statelessness, States must
weigh the consequences of loss or deprivation of nationality against
the interest it is seeking to protect.
Tunis Conclusions (2013), para. 19: “Deprivation of nationality must
be the least intrusive means of those that might achieve
the desired result.
Tunis Conclusions (2013), para. 20: “Deprivation of nationality must
be proportionate to the interest which the State seeks to protect. This
requires a balancing of the impact on the rights of the individual and
the interests of the State.
105. Deprivation of nationality is arbitrary when it is not proportionate. The consequences of a decision
to deprive someone of their nationality must be assessed against the principle of proportionality.
Invocation of processes to deprive a person of nationality must never serve to suspend the
obligations of the State to respect and protect the human rights of the person who is the object
of the deprivation. The direct and indirect human rights impacts on the person(s), their family
members, in particular their children, must be taken into account where deprivation of
nationality is sought. This requires the State to carry out an individual assessment to determine
this. Indeed, the Tunis Conclusions say:
“Deprivation of nationality must be proportionate to the interest which the State seeks to
protect. This requires a balancing of the impact on the rights of individual and the interests of
the State.”185
185
UNHCR, ’Tunis Conclusions‘
, para
.
57
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