A/HRC/RES/13/2
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, especially on
discriminatory grounds such as race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status 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, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status, 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 principles of international law, in particular by
preventing arbitrary deprivation of nationality and statelessness as a result of State
succession;
5.
Acknowledges that 2011 will mark the fiftieth anniversary of the adoption of
the Convention on the Reduction of Statelessness, and encourages States that have not
acceded to the Convention and to the Convention relating to the Status of Stateless Persons
to consider doing so;
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;
7.
Expresses its concern that persons arbitrarily deprived of nationality may be
affected by poverty, social exclusion and legal incapacity 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 and health;
8.
Recalls that every child has the right to acquire a nationality, and recognizes
the special needs of children for protection against arbitrary deprivation of nationality;
9.
Calls upon States to ensure that all children are registered at birth, and notes
the importance of standardized and effective procedures for civil registration and identity
documentation in order to help prevent arbitrary deprivation of nationality and
statelessness;
10.
Also calls upon States to observe minimum procedural standards in order to
ensure that decisions concerning the acquisition, deprivation or change of nationality do not
contain any element of arbitrariness and are subject to review, in conformity with their
international human rights obligations;
11.
Further calls upon States to ensure access of persons arbitrarily deprived of
their nationality to effective remedies, including, but not limited to, restoration of
nationality;
12.
Takes note with appreciation of the report of the Secretary-General submitted
in accordance with Council resolution 10/13 (A/HRC/13/34);
13.
Urges relevant United Nations human rights mechanisms and appropriate
treaty bodies and encourages the Office of the United Nations High Commissioner for
Refugees to continue with the ongoing collection of information on the issue of human
rights and arbitrary deprivation of nationality from all relevant sources and to take account
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