nationality on racial, ethnic, religious or political grounds, regardless of whether or not
it would result in statelessness.
B. Loss of nationality
This section focuses on circumstances in which an individual may lose nationality
pursuant to the standards set out in Articles 5-7 of the 1961 Convention.
General prohibition of loss of nationality where it would render a person
stateless (1961 Convention, Articles 7(6) and 7(3))
Contracting States generally may not permit loss of nationality where it would
render a person stateless. Article 7(6) of the 1961 Convention provides that “[e]xcept
in the circumstances mentioned in this Article, a person shall not lose the nationality
of a Contracting State, if such loss would render him stateless, notwithstanding that
such loss is not expressly prohibited by any other provision of this Convention.” A
further safeguard against statelessness in the context of loss of nationality is found
under Article 7(3) of the 1961 Convention, which provides that “[s]ubject to the
provisions of paragraphs 4 and 5 of this Article, a national of a Contracting State shall
not lose his nationality, so as to become stateless, on the ground of departure,
residence abroad, failure to register or on any similar ground.” Articles 5 and 6 of the
1961 Convention permit loss of nationality which does not result in statelessness
under specific circumstances. These are set out in paragraphs 16-32 below. Articles
7(4) and 7(5) of the 1961 Convention establish narrow exceptions to the general
prohibition on loss of nationality which results in statelessness, and these are outlined
in paragraphs 33-44 below.
Change in personal status (1961 Convention, Article 5(1))
Under Article 5(1) of the 1961 Convention, a person may lose the nationality of a
Contracting State as a result of a change in civil status, namely “marriage, termination
of marriage, legitimation, recognition or adoption”. This is conditional upon such a loss
being provided for within the law of a Contracting State12 and upon the person
possessing or acquiring another nationality.13 A person may not therefore lose
nationality under this ground so as to become stateless.
International human rights treaty provisions particularly relevant to the
interpretation and application of Article 5(1) of the 1961 Convention include Article
9(1) of the Convention on the Elimination of Discrimination against Women
(“CEDAW”), under which State Parties “shall ensure … that neither marriage to an
alien nor change of nationality by the husband during marriage shall automatically
12
13
See paragraphs 92-93 below.
See paragraphs 80-83 below.
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