THEMATIC BRIEFING | JULY 2021
Deprivation of nationality and the prevention of statelessness in Europe
15
9.
Conclusion and key actions
This briefing demonstrates the links between deprivation of nationality and
statelessness, providing a snapshot of current law, policy, and practice on
deprivation of nationality in Europe. Drawing on data from the Statelessness Index, it
has highlighted some of the good practices in ensuring that deprivation of nationality
complies with international and regional instruments, whilst also showing how new
and persisting risks of statelessness can arise from the exercise of these powers.
Key action areas
The following four key action areas highlight where urgent attention is needed from
policy- and decision-makers to ensure compliance with international standards and
prevent statelessness arising from the exercise of deprivation of nationality powers.
Provide clear, updated, and accessible data on
deprivation of nationality
1
•
States should ensure that relevant public authorities publish disaggregated
data on all individuals deprived of their nationality on an annual basis.
•
Data should be disaggregated at a minimum by age, sex/gender, ethnicity,
place of residence, and should specify the grounds on which individuals
were deprived of their nationality and whether they were on the territory at
the time of being deprived of their nationality.
Introduce or improve safeguards to prevent
statelessness in all cases of deprivation or renunciation
of nationality
2
•
States should introduce legal safeguards to ensure that individuals are not
deprived of their nationality on grounds that it was acquired through fraud
if this would render them stateless.
•
In cases where nationality can only be acquired after renouncing all other
nationalities, States must grant unconditional and irrevocable assurances
that individuals will be granted nationality after renouncing their original
nationality/ies.
•
States must ensure that procedures for renunciation of nationality are in
line with international law and best practice, including guaranteeing that
renunciation is only accepted after receiving a written assurance from
the relevant State that the person has another nationality and facilitating
reacquisition of nationality if statelessness arises after renunciation.