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Article 15

Right to Nationality

By Shatrughan BauriPublished about a year ago 3 min read
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Article 15
Photo by Sara Kurfeß on Unsplash

Article 15 of the Universal Declaration of Human Rights is a fundamental article that states that every person has the right to a nationality, and that no one shall be arbitrarily deprived of their nationality or denied the right to change their nationality.

Nationality is an essential aspect of an individual’s identity. It is the legal relationship between a person and a state. Nationality confers certain rights and privileges, such as the right to vote, the right to work, and the right to travel freely. It also imposes certain obligations on the individual, such as paying taxes and obeying the laws of the state.

The right to a nationality is a basic human right, and it is enshrined in many international human rights instruments, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the Convention on the Rights of the Child.

However, despite the recognition of this right in international law, many people around the world are stateless. Statelessness refers to the condition of a person who is not considered a national by any state. Statelessness can occur for a variety of reasons, including discrimination, conflicts between states, and the arbitrary revocation of nationality by the state.

Statelessness can have serious consequences for individuals, including the denial of access to education, healthcare, and employment. Stateless persons are often unable to enjoy basic human rights, such as the right to marry and have a family, and they are vulnerable to exploitation, abuse, and trafficking.

In addition to statelessness, arbitrary deprivation of nationality is another violation of the right to a nationality. This occurs when a state revokes an individual’s nationality without any legitimate reason, such as for political or discriminatory reasons.

Arbitrary deprivation of nationality can have devastating consequences for individuals and their families. It can render individuals stateless, leaving them without legal protection or the ability to travel. It can also result in the denial of basic human rights, such as the right to education, healthcare, and employment.

Denial of the right to change nationality is another violation of Article 15. Individuals have the right to change their nationality if they wish to do so, and this right should be respected by states. However, in many cases, states impose restrictive requirements or procedures that make it difficult or impossible for individuals to change their nationality.

The right to a nationality is closely linked to the right to self-determination, which is the right of peoples to freely determine their political status and to pursue their economic, social, and cultural development. The right to self-determination is enshrined in the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social, and Cultural Rights.

The right to self-determination has been recognized as a fundamental principle of international law and has been invoked by many peoples and communities in their struggles for autonomy and independence.

In conclusion, Article 15 of the Universal Declaration of Human Rights is a crucial article that recognizes the right to a nationality and prohibits the arbitrary deprivation of nationality and the denial of the right to change nationality. The right to a nationality is a fundamental human right that is essential for the protection and enjoyment of other human rights. States must ensure that their laws and policies respect and protect the right to a nationality and work towards eliminating statelessness and arbitrary deprivation of nationality. While the right to a nationality is a basic human right, it is important to note that nationality laws and policies can also perpetuate discrimination and inequality. In many countries, nationality laws discriminate against certain groups based on their ethnicity, religion, or gender, resulting in statelessness and arbitrary deprivation of nationality.

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Shatrughan Bauri

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