9.8. Derivative loss of nationality
PRINCIPLE
LEGAL STANDARD
The derivative loss of nationality is
prohibited.
CRC, Art. 8: “1. States Parties undertake to respect the right of the
child to preserve his or her identity, including nationality, name and
family relations as recognized by law without unlawful interference.
2. Where a child is illegally deprived of some or all of the elements of
his or her identity, States Parties shall provide appropriate assistance
and protection, with a view to re-establishing speedily his or her
identity.
CEDAW, Art. 9(1): “States Parties shall grant women equal rights
with men to acquire, change or retain their nationality. They shall
ensure in particular that neither marriage to an alien nor change of
nationality by the husband during marriage shall automatically
change the nationality of the wife, render her stateless or force upon
her the nationality of the husband.
179. As was discussed with regard to Principle 9.5 above, every individual has the right to recognition
everywhere as a person before the law and equality before the law. As such, individuals can be
viewed as autonomous rights holders, whose status and rights are in principle not dependent on
anyone else or on any relationship. In some instances, however, nationality and deprivation
thereof have been made dependent on the nationality (and deprivation thereof) of another
person. Children and female spouses are most likely to be subject to this derivative loss of
nationality. Even though this practice is recognised in Article 6 of the 1961 Convention, this is
contrary to human rights norms that supersede this provision and should never happen.
180. Article 7(2) ECN, similarly, allows for the loss of nationality by children whose parents both lose
that nationality, except in cases of voluntary service in a foreign military force and/or conduct
seriously prejudicial to the vital interests of the State. At the same time, the ECN provides in Article
4(d) as a general principle that neither marriage nor the dissolution of a marriage between a
national of a State and an alien, nor the change of nationality by one of the spouses during
marriage, automatically affects the nationality of the other spouse.
181. Importantly, international human rights law recognises the individual, independent right to a
nationality of children and women in, among others, Articles 7 and 8 of the CRC and Article 9
CEDAW. The Committee on the Elimination of Discrimination against Women has therefore
recommended, for instance, that States
“[r]eview and reform their nationality laws to ensure equality of women and men with regard
to the acquisition, changing and retention of nationality and to enable women to transmit their
nationality to their children and to their foreign spouses and to ensure that any obstacles to
practical implementation of such laws are removed […]; [r]epeal laws stipulating […] automatic
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