A/HRC/7/23 page 12 discriminate against any particular nationality. Furthermore, paragraph 14 of general recommendation No. 30 of the Committee on the Elimination of Racial Discrimination on discrimination against non-citizens reiterates this principle in restating that deprivation of citizenship on the basis of race, colour, descent or national or ethnic origin is a breach of States parties’ obligations to ensure non-discriminatory enjoyment of the right to a nationality.14 In this general recommendation, the Committee further called upon States to ensure that particular groups of non-citizens were not discriminated against with regard to access to citizenship or naturalization, and to pay due attention to possible barriers to naturalization that might exist for long-term or permanent residents. The principles of non-discrimination and arbitrariness are equally applicable vis-à-vis States’ prerogative to deprive an individual of his or her nationality (E/CN.4/Sub.2/1988/35, para. 107). Moreover, while articles 2 (1) of both the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child list a number of prohibited grounds for discrimination, the Convention on the Rights of the Child extents that protection to discrimination against the child that might be based on the identity of the parents. 36. The Inter-American Court, in its 2005 decision in Dilcia Yean and Violeta Bosico v. Dominican Republic, affirmed the prohibition of arbitrary deprivation of nationality and the application of discriminatory measures in the conferral of citizenship and the enjoyment of rights and freedoms on the basis of citizenship.15 In the European Union, the specific prohibition of discrimination on the basis of nationality is entrenched in the European Community Treaty as one of its main principles, and given concrete form in other provisions of the Treaty framework in respect of specific situations, including, for example, the free movement of workers (art. 39), the right of establishment (art. 43) and the freedom to provide services (art. 50). In the Council of Europe, both the European Convention on Nationality and the European Convention on the Avoidance of Statelessness in relation to State succession prohibit racial and ethnic discrimination in relation to access and deprivation of nationality. 37. Differential treatment in conferring nationality will only be lawful if in consonance with the legitimate objectives and purposes of the Government within the limits prescribed by the International Convention on the Elimination of All Forms of Racial Discrimination and other international human rights treaties, and if applied pursuant to a legitimate aim, which is necessary and proportionate to the achievement of that objective.16 For example, the 14 Committee on the Elimination of Racial Discrimination general recommendation No. 30: Discrimination against non-citizens, 1 October 2004, para. 2. See moreover concluding observations of CERD - Turkmenistan, CERD/C/TKM/CO/5, 1 November 2005, para. 16; concluding observations of CERD - Russian Federation, CERD/C/62/CO/7, 2 June 2003, para. 15; concluding observations of CERD - Croatia, CERD/C/60/CO/4, 21 May 2002, para. 14; concluding observations of CRC - Liberia, CRC/C/15/Add.236, 1 July 2004, para. 33; concluding observations of CRC - DRC, CRC/C/15/Add.153, 9 July 2001, paras. 28 and 29. 15 Inter-American Court of Human Rights, case of the Girls Yean and Bosico v. Dominican Republic, judgement of 8 September 2005. 16 Ibid., para. 4.

Select target paragraph3