withdrawal of ration card and confiscation of property in combination with threat of
violence; withdrawal of state benefits, in combination with inability to obtain
employment or accommodation due to ethnic origin; denial of state benefits such as
housing, food and clothing benefits and subsidies in a state-controlled economy;
severe discrimination in ‘most civil, social and economic rights’ such that the
applicant would suffer ‘a life of destitution’.62
The key issue is the extent to which ‘persecution is understood to be concerned
fundamentally with serious violations of human dignity’ in the jurisprudence of domestic
courts.63 Section 4 shows some engagement by courts with this issue when examining claims
based on ethnic and racial discrimination of Faili Kurds, Roma, Rohingya of Myanmar,
refugees from Bhutan, the Bidoons in the Gulf States, and Dominicans of Haitian descent in
the Dominican Republic.
In sum, denationalization done arbitrarily, including on discriminatory grounds, is
prohibited under international law, namely, international human rights law. In most cases,
deprivation of nationality leading to statelessness will also be contrary to international
norms of human rights law, stateless law and possibly also refugee law (as this paper will
show). Only most exceptionally can a State lawfully deprive a national of its nationality even
where such act would result in statelessness.
Article 7(1)(b), read together with article 7(3) of the 1997 European Convention on
Nationality,64 may be given as an example of a provision permitting loss of nationality even
where it leads to statelessness, if nationality has been obtained by means of fraudulent
conduct, false information or concealment of any relevant fact attributable to the applicant,
under the theory of abuse of rights; these exceptions are to be interpreted restrictively.65 In
such cases, ‘States are free either to revoke the nationality (loss) or to consider that the
person never acquired their nationality (void ab initio)’, 66 and practice varies in each
Contracting State. The 1961 Statelessness Convention also allows deprivation of nationality
obtained by misrepresentation or fraud even where it would lead to the person being
stateless.67 Both the 1961 Statelessness Convention and the 1997 European Convention on
Nationality further provide for the possibility of a State lawfully depriving its national of
nationality on grounds of ‘conduct seriously prejudicial to the vital interests of the State
Party’.68 Explanatory Report to the 1997 European Convention on Nationality explains that
Ibid, 105-106.
Ibid, 103.
64 Council of Europe, ETS no 166.
65 E.g., Case C-135/08 Rottmann v Bayern [2010] ECR I- 1449.
66 Explanatory Report, Article 7(1)(b), 1997 European Convention on Nationality.
67 Article 8(2)(b), 1961 Statelessness Convention.
68 Article 8(3)(a)ii, 1961 Statelessness Convention; Article 7(d), 1997 European Convention on Nationality. See
also, UN HRC, ‘Human rights and arbitrary deprivation of nationality: report of the Secretary-General’, 19
December 2013, A/HRC/25/28, paras 12-13 and 18-19. Note that both the 1961 Statelessness Convention and the
1997 European Convention on Nationality also provide for lawful deprivation of nationality where a person
62
63
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