A/HRC/13/34
citizenship and that no one should be arbitrarily deprived of their citizenship or of the right
to change it.
17.
The above-mentioned human rights legal framework is complemented by the
Convention on the Reduction of Statelessness and the Convention relating to the Status of
Stateless Persons, which deal specifically with the issue of statelessness. In particular,
articles 1 and 4 of the Convention on the Reduction of Statelessness provide that States
parties should introduce safeguards to prevent statelessness by granting their nationality to
persons who would otherwise be stateless and are either born in their territory or are born
abroad to one of their nationals. The Convention also requires States parties to prevent
statelessness upon loss or deprivation of nationality. Under article 32 of the Convention
relating to the Status of Stateless Persons, States should, as far as possible, facilitate the
assimilation and naturalization of stateless persons.
18.
It should be noted also that the principle of non-discrimination is a common feature
applicable to the context of international human rights instruments. For instance, the
principle of non-discrimination is foreseen in, inter alia, article 2 of the Universal
Declaration of Human Rights; article 2 of the International Covenant on Civil and Political
Rights; article 2 of the International Covenant on Economic, Social and Cultural Rights;
article 5 of the Convention on the Elimination of Racial Discrimination; article 3 of the
Convention on the Rights of Persons with Disabilities; article 2 of the Convention on the
Rights of the Child; articles 2 and 3 of the Convention on the Elimination of Discrimination
against Women; and article 1 of the International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families. The principle of nondiscrimination implies that States are under the obligation to respect and ensure to all
individuals the rights recognized in the relevant conventions, without distinction of any
kind, such as race, colour, sex, language, religion, political or other opinion, national or
social origin, property, birth or other status.
III. Right to a nationality, in particular the prohibition of
arbitrary deprivation of nationality
19.
While acquisition and loss of nationality are essentially governed by internal
legislation, their regulation is of direct concern to the international order. In this respect, in
its draft articles on nationality of natural persons in relation to succession of States, the
International Law Commission indicated that “the competence of States in this field may be
exercised only within the limits set by international law”.1 For example, article 1 of the
Convention on Certain Questions relating to the Conflict of Nationality Laws of 1930
provides that “it is for each State to determine under its own law who are its nationals. This
law shall be recognized by other States insofar as it is consistent with international
conventions, international custom, and the principles of law generally recognized with
regard to nationality”. The International Law Commission also recalled that this provision
follows the reasoning of the Permanent Court of International Justice in its advisory opinion
No. 4 on the Nationality Decrees Issue in Tunis and Morocco, in which the Court indicated
that the question whether a matter was solely within the jurisdiction of a State was
essentially a relative question, depending on the development of international relations. It
also held that, even in respect of matters that in principle were not regulated by
international law, the right of a State to use its discretion might be restricted by obligations
1
GE.09-17512
Yearbook of the International Law Commission, 1999, vol. II (2), p. 24.
5
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