A/HRC/7/23
page 11
a prerogative to adopt laws governing the acquisition, renunciation or loss of nationality.11
Article 1 of the 1930 Hague Convention on Certain Questions Relating to the Conflict of
Nationality Laws reflects this customary norm of international law in providing that “it is for
each State to determine under its own laws who are its nationals”. The Convention qualifies this,
however, by stating that national 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”.
33. Since the adoption of the Hague Convention in 1930, international law, however, has
further qualified the prerogative of States to establish laws governing the acquisition,
renunciation or loss of nationality by requiring that they ensure the full protection of human
rights in exercising this discretion. Thus, the Inter-American Court of Human Rights, for
example, ruled that:
“the manners in which States regulate matters bearing on nationality cannot today be
deemed within their sole jurisdiction; those powers of the State are also circumscribed by
their obligations to ensure the full protection of human rights. ... The classic doctrinal
position, which viewed nationality as an attribute granted by the State to its subjects, has
gradually evolved to a conception of nationality as a human right”.12
34. Deprivation of citizenship is, in very limited instances, permissible under international law,
even if it results in statelessness.13 However, any such deprivation must take place with due
regard to procedural and substantive safeguards, including the right to appeal before an
independent tribunal.
B. Centrality of non-discrimination
35. States are furthermore bound by the non-derogable international norm of
non-discrimination, which is of particular relevance to minorities. Non-discrimination on the
grounds of race is of a customary nature. Article 1 (3) of the International Convention on the
Elimination of All Forms of Racial Discrimination, for example, provides that the Convention
may not be interpreted as affecting in any way the legal provisions of States parties concerning
nationality, citizenship or naturalization, while clarifying that such provisions do not
11
Moreover, the Human Rights Committee qualifies that the International Covenant on Civil
and Political Rights does not recognize the right of aliens to enter or reside in a State’s territory
and that it is in principle a matter for the State to decide who it will admit to its territory. Once
allowed to enter, however, there is an entitlement to the rights set out in the Covenant.
12
Proposed Amendments to the Naturalization Provision of the Constitution of Costa Rica.
Advisory Opinion OC-4/84 of 19 January 1984. Series A, No. 4, paras. 32 and 33.
13
Under article 8 of the 1961 Statelessness Convention States are allowed to deprive persons of
their nationality when, inter alia, such “nationality has been obtained by misrepresentation or
fraud” or when the person has “conducted himself in a manner seriously prejudicial to the vital
interests of the State”. See also article 7 of the European Convention on Nationality.