Survey on Rules on Loss of Nationality in International Treaties and ...

SURVEY ON RULES ON LOSS OF NATIONALITY IN INTERNATIONAL TREATIES AND CASE LAW 9
origin.
- 7. Notwithstanding the provisions of paragraph 2 above, where applicable, when a national of a
Contracting Party who is a minor and whose parents are nationals of different Contracting Parties acquires
the nationality of one of his parents, each of these Parties may provide that he retains the nationality of
origin."
Of the Member States of the European Union, three (Austria, 32 Denmark and the Netherlands) are bound by the
nationality part this Convention. 33 Originally, Belgium, France, Germany, Italy, Luxemburg and Sweden were
also Contracting Parties, but these countries denounced either the whole Convention or the nationality chapter
of the Convention. The Second Protocol was previously binding for France, Italy and the Netherlands, but
France and Italy denounced the Protocol together with the nationality part of the Convention in 2008 and 2009,
respectively. 34 The Second Protocol is now only relevant for the Netherlands.
2.7 International Convention on the Elimination of all Forms of Racial
Discrimination (New York, 21 December 1965) 35
The International Convention on the Elimination of all Forms of Racial Discrimination (ICERD) was opened
for signature in 1965. 36 At the time of writing, 176 States are bound by the Convention. All of the Member
States of the European Union are bound by this Convention.
Article 5 of this Convention obliges the States Parties “to prohibit and to eliminate racial discrimination in all
its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic
origin, to equality before the law, notably in the enjoyment of” a number of enumerated rights, including “the
right to nationality” as set forth in Article 5(d)(iii). The ICERD therefore prohibits racial discrimination in law
and practice with regard to the acquisition, loss and deprivation of nationality.
2.8 International Covenant on Civil and Political Rights (New York, 16 December
1966) 37
The International Covenant on Civil and Political Rights (ICCPR) was concluded in New York in 1966. At the
time of writing, 167 countries, including all Member States of the European Union, are bound by this
Convention. 38
Article 24(3) of the ICCPR guarantees that “[e]very child has the right to acquire a nationality.”
The ICCPR, however, does not indicate to which State a child may claim his or her right to nationality.
Moreover, Article 24(3) does not specify that a child has the right to acquire a nationality at birth; it only
guarantees a “right to acquire a nationality” (in the French language version, “droit d’acquérir une
nationalité”). In this respect, the provisions of the 1961 Convention are considerably more concrete. 39 The
ICCPR does not include any rule on loss or deprivation of nationality. However, the message of Article 24(3)
has to be kept in mind if any loss provision would lead to statelessness of a child.
32 Austria reserved the right to allow any of its nationals to retain Austrian nationality if a Contracting Party for whose
nationality a national applies gives its prior consent thereto.
33 http://www.conventions.coe.int/Treaty/Commun/ChercheSig.asp?NT=043&CM=1&DF=27/02/2013&CL=ENG.
34 See De Groot and Schneider (2006); De Groot and Vink (2008), pp. 24-27.
35 UNTS 660, 195.
36 The Convention was adopted by the General Assembly of the UN in resolution 2106 (XX) of 21 December 1965.
37 UNTS 999, 171.
38 http://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&lang=en (accessed 1 July
2013).
39 On Art. 24(3) ICCPR, see De Groot (2012a).