A/63/161
used by domestic naturalization authorities were expressed in an urgent appeal sent
jointly by the Special Rapporteur on freedom of religion or belief, the Special
Rapporteur on the human rights of migrants and the Special Rapporteur on
contemporary forms of racism, racial discrimination, xenophobia and related
intolerance. 37
43. Furthermore, the right to a nationality is enshrined, inter alia, in article 15 of
the Universal Declaration of Human Rights and article 20 of the American
Convention on Human Rights. Article 24 (3) of the International Covenant on Civil
and Political Rights and article 7 of the Convention on the Rights of the Child
guarantee the right to every child to acquire a nationality. Article 7 of the latter
should be read in conjunction with its article 2, one of the Convention’s general
principles, which prohibits discrimination on the basis of, inter alia, religion or
belief. The 1961 Convention on the Reduction of Statelessness equally recognizes
the right to a nationality and its article 9 provides that a “Contracting State may not
deprive any person or group of persons of their nationality on racial, ethnic,
religious or political grounds”. The 1954 Convention relating to the Status of
Stateless Persons also stipulates that the provisions of the Convention shall apply
without discrimination as to religion (art. 2).
44. In its resolution 41/70 on international cooperation to avert new flows of
refugees, the General Assembly called upon all States to comply with the
recommendations of the report of the Group of Governmental Experts to Avert New
Flows of Refugees (A/41/324, annex) and, in particular, the recommendation to
promote human rights and fundamental freedoms and to refrain from denying them
on the basis of, inter alia, religion (ibid., para. 66 (d)). Furthermore, reference
should also be made to Human Rights Council resolution 7/10, 38 in which the
Council called upon States to refrain from taking discriminatory measures and from
enacting or maintaining legislation that would arbitrarily deprive persons of their
nationality. The Subcommission on the Promotion and Protection of Human Rights
decided in 2000 to appoint a special rapporteur on the rights of non-citizens. In his
final report, the Special Rapporteur, David Weissbrodt, concluded that all persons
should by virtue of their essential humanity enjoy all human rights, including
freedom of religion or belief, unless exceptional distinctions, for example, between
citizens and non-citizens, serve a legitimate State objective and are proportional to
the achievement of that objective. 39
2.
Access to and contents of official documents
45. Denying official documents to members of certain religions or limiting the
right to receive these documents to members of particular religious groups is in
contravention of the principle of non-discrimination on the grounds of religion or
belief, as mentioned above. With regard to the compulsory mentioning of selected
religions on official documents, the Special Rapporteur has emphasized that “to
exclude any mention of religions other than Islam, Christianity or Judaism would
appear to be a violation of international law”. 40 Even the optional reference to a
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37
38
39
40
08-43442
A/HRC/4/21/Add.1, paras. 152-158 (on Germany).
See draft report of the Human Rights Council on its seventh session (A/HRC/7/L.11), chap. I, sect. A.
E/CN.4/Sub.2/2003/23, para. 1.
E/CN.4/2004/63, para. 42 (on Egypt). See also the most recent communications report of the
Special Rapporteur (A/HRC/7/10/Add.1), paras. 79-85.
15