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[2] [3] These criteria, drawn from case law and the Court's definitions, provide a comprehensive framework for understanding the scope and limitations of Article 15. Accordingly, for a derogation itself to be valid, the emergency giving rise to it must be:
The right to a nationality and the prohibition against depriving one's nationality is codified in article 15 of the "Universal Declaration of Human Rights". Article 1 of the "Convention on Certain Questions Relating to the Conflict of Nationality Laws" states: [11] It is for each State to determine under its own law who are its nationals.
Frederick E. Woodbridge was a major proponent of the Expatriation Act of 1868. The Expatriation Act of 1868 was an act of the 40th United States Congress that declared, as part of the United States nationality law, that the right of expatriation (i.e. a right to renounce one's citizenship) is "a natural and inherent right of all people" and "that any declaration, instruction, opinion, order ...
[15] [16] The European revolutions of 1848, the post-World War I settlement at Versailles, and the decolonization movement after World War II shaped and established the norm in international law. [17] The American example has been seen as the earliest assertion of the right of national self-determination, although this was argued primarily in ...
Article 5 provides that no discrimination shall exist in a state's internal nationality law on the grounds of "sex, religion, race, colour or national or ethnic origin". It also provides that a state shall not discriminate amongst its nationals on the basis of whether they hold their nationality by birth or acquired it subsequently.
Because it interferes with the right to nationality, recognized by multiple international treaties, denaturalization is a serious human rights issue. Some have argued that denaturalization resulting in statelessness is never compatible with international human rights law. [109]
Another early example of national law recognizing the Right of Return was the French constitution of 1791, enacted on 15 December 1790: [6] the freedom of everyone to go, to stay, or to leave, without being halted or arrested unless in accordance with procedures established by the Constitution.
In international law, a "stateless person" is someone who is "not considered as a national by any state under the operation of its law". [8] To address this, Article 15 of the Universal Declaration of Human Rights states that "Everyone has the right to a nationality", and "No one shall be arbitrarily deprived of his nationality nor denied the ...