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Human Right to Nationality

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Chapter Summary

The human rights aspect becomes important in certain cases of entitlement to nationality. While Article 15 UDHR does not require a State to grant citizenship to every applicant, it does require that every individual have an equal opportunity to attain citizenship. In the European context the ECN explicitly provides that nationality should be granted to children whose parent possesses the nationality of the State, except if the child is born outside the State. Children represent a specific group for most preferential treatment in the context of acquisition of nationality. If the rules of the ECN and CRC were effectively adopted, cases of stateless children in Europe or at least signatory States of the ECN could be significantly reduced. This chapter also discusses arbitrary deprivation of nationality, denationalization and two international instruments, namely, the Convention on Elimination of Racial Discrimination (CERD) and the ECN.

Keywords:arbitrary deprivation; CERD; citizenship; denationalization; ECN; human rights; nationality; stateless children; UDHR; universal declaration



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