A/HRC/RES/32/5
Acknowledging that incidents of discriminatory deprivation of nationality, including
without a clear legislative basis or for which a legislative basis was exceptionally created,
have been a source of widespread suffering and statelessness in the past,
Noting that some of the situations mentioned above remain unresolved to this day
and have led to intergenerational statelessness, which affects the children and grandchildren
of those originally deprived of their nationality,
Recalling that arbitrarily depriving a person of his or her nationality may lead to
statelessness, and in this regard expressing concern at various forms of discrimination
against stateless persons that may violate the obligations of States under international
human rights law,
Emphasizing that the human rights and fundamental freedoms of persons whose
nationality may be affected by State succession must be fully respected,
1.
Reaffirms that the right to a nationality of every human person is a
fundamental human right enshrined in, inter alia, the Universal Declaration of Human
Rights;
2.
Stresses that the arbitrary deprivation of nationality, especially on
discriminatory grounds such as race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth, or other status, including disability, is a
violation of human rights and fundamental freedoms;
3.
Emphasizes that the statelessness of a person resulting from the arbitrary
deprivation of his or her nationality cannot be invoked by States as a justification for the
denial of other human rights;
4.
Calls upon States to refrain from taking discriminatory measures and from
enacting or maintaining legislation that would arbitrarily deprive persons of their
nationality on grounds of race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status, including disability, especially if
such measures and legislation render a person stateless;
5.
Urges States to adopt and implement nationality legislation with a view to
avoiding statelessness, consistent with the principles of international law, in particular by
preventing the arbitrary deprivation of nationality and statelessness as a result of State
succession;
6.
Encourages States to grant their nationality to persons who had habitual
residence in their territory before it was affected by the succession of States, especially if
those persons would otherwise become stateless;
7.
Notes that the full enjoyment of all human rights and fundamental freedoms
of an individual might be impeded as a result of the arbitrary deprivation of nationality, and
that such individuals are placed in a situation of increased vulnerability to human rights
violations;
8.
Expresses its concern that persons arbitrarily deprived of nationality may be
affected by poverty, social exclusion and limited legal capacity, which have an adverse
impact on their enjoyment of relevant civil, political, economic, social and cultural rights,
in particular in the areas of education, housing, employment, health and social security;
9.
Reaffirms that every child has the right to acquire a nationality, and
recognizes the special needs of children for protection against arbitrary deprivation of
nationality;
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