Nordicum-Mediterraneum (Nov 2018)
Citizenship Deprivation: A Violation of Human Rights?
Abstract
In the past few years, the issue of citizenship deprivation has risen considerably on the agenda of the international community following the recent terrorist attacks in many States. Many citizens have been deprived of their citizenship based on involvement in terrorist activities or possibly on grounds of national security. In consequence, an increasing body of legal and political discourse on citizenship deprivation has been added to the literature and the academic discussions on the topic at hand. This paper argues that despite the progress in IL/IHRL, which usually create limitations in the attribution and deprivation of citizenship, the right to citizenship falls within the domaine réservéof states. It also argues that even though there are certain legal instruments that prohibit nationality deprivation resulting in statelessness, as of the 1961 statelessness convention, the issue of nationality deprivation most likely creates a legal vacuum for individuals concerned when the acquisition of other rights is necessarily linked to citizenship.
