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11. The Right to a Nationality and the European Convention on Human Rights

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Chapter Summary

The Universal Declaration of Human Rights (1948) provides that everyone has the right to a nationality. This chapter examines whether and, if so, to what extent the European Convention on Human Rights (ECHR) may be applied in matters of nationality. It discusses some comments on the importance of the right to a nationality. The chapter reviews the international and regional, that is European, rules on nationality. It considers the question of the applicability of the ECHR in matters of nationality. The only provision in the ECHR and its additional protocols which explicitly concerns nationals is Article 3 of Protocol No. 4 to the ECHR (P4-3). In accordance with the guiding principle of international law as codified in The Hague Convention of 1930 and the European Convention on Nationality (ECN) of 1997, it must thus be assumed that national law does not violate international law.

Keywords: ECHR; European Convention on Nationality (ECN); Hague Convention; international law; nationality



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