A/HRC/38/52 colour, national or ethnic origin are in clear violation of article 1 (3) of the Convention. 19 In particular, in the context of counter-terrorism, immigration and other measures must comply with the prohibition of racial discrimination, including with regard to racial and ethnic profiling or stereotyping. 20 B. Right to nationality and the reduction/prevention of statelessness 22. While the prohibition of racial discrimination applies to the enjoyment of all civil, political, economic, social and cultural rights,21 the Special Rapporteur notes that the right to nationality is particularly relevant in the context of citizenship, nationality and immigration. 23. Although the regulation of nationality is generally considered to be within the domestic jurisdiction of States, international law provides that the right of States to decide who their nationals are is not absolute. 22 The Inter-American Court of Human Rights noted that although “the determination of who has a right to be a national continues to fall within a State’s domestic jurisdiction … its discretional authority in this regard is gradually being restricted with the evolution of international law”.23 24. The right to a nationality is recognized and protected in various international 24 and regional25 human rights instruments. It entails the right of each individual to acquire, change and retain a nationality.26 In addition, the issue of nationality is regulated in the Convention on the Reduction of Statelessness, the Convention relating to the Status of Stateless Persons, and the Convention relating to the Status of Refugees. The Convention on the Reduction of Statelessness requires States 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 (arts. 1 and 4) and upon loss or deprivation of nationality (arts. 5–8). Under the Convention relating to the Status of Stateless Persons, States parties are also required to facilitate the assimilation and naturalization of stateless persons (art. 32). 25. Discrimination in the acquisition, transmission, change or deprivation of nationality is prohibited under the general equality and non-discrimination provisions of various instruments. 27 Some treaties also include specific provisions on the non-discriminatory enjoyment of the right to nationality. For example, article 5 (d) (iii) of the International Convention on the Elimination of All Forms of Racial Discrimination explicitly obliges States parties to guarantee the right of everyone to equality before the law, including in the enjoyment of the right to nationality. In its general recommendation No. 30, the Committee on the Elimination of Racial Discrimination calls upon States parties to ensure that particular groups of non-citizens are not discriminated against with regard to access to citizenship or naturalization; to address barriers to naturalization for long-term and permanent residents; to 19 20 21 22 23 24 25 26 27 8 See also A.M.M. v. Switzerland (CERD/C/84/D/50/2012), para. 4.11. See Committee on the Elimination of Racial Discrimination, general recommendation No. 30, para. 10. See International Convention on the Elimination of All Forms of Racial Discrimination, art. 5. See A/HRC/13/34, paras. 20 and 57. See Yean and Bosico v. Dominican Republic, Inter-American Court of Human Rights, judgment of 5 September 2005, series C, No. 130, para. 140. See Universal Declaration of Human Rights, art. 15; International Convention on the Elimination of All Forms of Racial Discrimination, art. 5 (d) (iii); International Covenant on Civil and Political Rights, art. 24 (3); Convention on the Elimination of All Forms of Discrimination against Women, art. 9; Convention on the Rights of the Child, arts. 7–8; International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, art. 29; Convention on the Rights of Persons with Disabilities, art. 18; Convention on the Nationality of Married Women, arts. 1–3; United Nations Declaration on the Rights of Indigenous Peoples, art. 6. See African Charter on the Rights and Welfare of the Child, art. 6; Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, art. 6; American Declaration on the Rights and Duties of Man, art. XIX; American Convention on Human Rights, art. 20; Arab Charter on Human Rights, art. 24; European Convention on Nationality, arts. 4–9; Council of Europe Convention on the Avoidance of Statelessness in relation to State Succession, arts. 2–11. See A/HRC/13/34, para. 21. Ibid., paras. 18 and 30–31.