A/HRC/7/78
page 30
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;
2.
Recognizes that arbitrary deprivation of nationality on racial, national, ethnic,
religious, political or gender grounds is a violation of human rights and fundamental freedoms;
3.
Calls upon all 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, gender, religion, political opinion or national or ethnic origin, especially
if such measures and legislation render a person stateless;
4.
Urges all States to adopt and implement nationality legislation with a view to
avoiding statelessness, consistent with fundamental principles of international law, in particular
by preventing arbitrary deprivation of nationality and statelessness as a result of State
succession;
5.
Calls upon States that have not already done so to consider accession to the
Convention on the Reduction of Statelessness and the Convention relating to the Status of
Stateless Persons;
6.
Notes that the full enjoyment of all human rights and fundamental freedoms of an
individual might be impeded as a result of arbitrary deprivation of nationality, thereby
hampering his or her social integration;
7.
Calls upon States to ensure that an effective remedy is available to persons who have
been arbitrarily deprived of their nationality;
8.
Urges the appropriate mechanisms of the Council and the appropriate United Nations
treaty bodies and encourages the Office of the United Nations High Commissioner for Refugees
to continue to collect information on the issue of human rights and arbitrary deprivation of
nationality from all relevant sources and to take account of such information, together with any
recommendations thereon, in their reports and activities conducted within their respective
mandates;
9.
Requests the Secretary-General to collect information on this question from all
relevant sources and to make it available to the Council at its tenth session;
10. Decides to continue its consideration of this matter at its tenth session under the same
agenda item.
40th meeting
27 March 2008
Adopted without a vote. See chapter III.
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