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.