A/HRC/28/28
reasonable.29 Measures such as travel bans, the revocation of passports and the denial of
citizenship also raise important due process concerns, where decisions are taken following
secretive proceedings, in absentia or on the basis of vaguely defined criteria without
adequate safeguards to prevent statelessness.
51.
International human rights law includes the right of everyone to a nationality,
although there is no right to a specific nationality. Given the significant impact that any
interference with the enjoyment of nationality has on the enjoyment of rights, the loss or
deprivation of nationality must meet certain conditions in order to comply with
international law, in particular the prohibition of arbitrary deprivation of nationality. 30
These conditions also include serving a legitimate purpose, being the least intrusive
instrument to achieve the desired result and being proportional to the interest to be
protected. Where the loss or deprivation of nationality leads to statelessness, the impact on
the individual is particularly severe. International law therefore strictly limits the
circumstances in which the loss or deprivation of nationality leading to statelessness can be
recognized as serving a legitimate purpose.
52.
States should ensure that adequate procedural standards are in place to guarantee
that nationality regulations are not applied arbitrarily and relevant safeguards against
statelessness are implemented effectively. In particular, decisions relating to nationality
should be “issued in writing and open to effective administrative or judicial review”. 31
International law thus obliges States to provide for the meaningful review of nationality
decisions, including on substantive issues.32
53.
In its resolution 2178 (2014), the Security Council also called upon States to require
airlines to provide advance passenger information to the appropriate national authorities in
order to detect the departure from their territories by, or attempted entry into or transit
through their territories, of individuals identified as falling within the scope of the
resolution. Such measures raise important considerations for the right of individuals to be
protected by law against unlawful or arbitrary interference in their privacy, as well as
against discrimination. States must ensure that any measure that interferes with the right to
privacy is both necessary and proportionate to the specific risk being addressed, that
procedural safeguards and effective, independent oversight is in place to ensure to prevent
against discriminatory measures and/or the abusive use of personal data, and that redress is
provided for in cases of abuse.
IV.
Conclusions and recommendations
54.
While States have a duty to take measures to protect populations from violence
and insecurity and to deliver justice, such measures must be anchored in respect for
international human rights law. Experience at the national level has demonstrated
that protecting human rights and ensuring respect for the rule of law contribute to
countering terrorism, in particular by creating a climate of trust between the State
and those under its jurisdiction, and by supporting the resilience of communities to
threats of violent radicalism. Conversely, compromising on human rights has proven
corrosive to the rule of law and conducive to a climate of impunity, and may
29
30
31
32
16
Ibid., para. 21.
See A/HRC/13/34, A/HRC/19/43 and A/HRC/25/28.
A/HRC/13/34, para. 43.
Ibid., para. 44.
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