Clayton: Textbook on Immigration & Asylum Law 3e
Section 1
European Convention on Nationality 1997 provides in Article 5 –
Non-discrimination:
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The rules of a State Party on nationality shall not contain distinctions or include any practice which amount to discrimination on the grounds of sex, religion, race, colour or national or ethnic origin.
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Each State Party shall be guided by the principle of non-discrimination between its nationals, whether they are nationals by birth or have acquired its nationality subsequently.
BNA as amended provides that nationals by birth may not be deprived of their nationality if to do so would leave them stateless, but the same protection does not apply to those who registered or naturalized using fraud, false information or false representations. Do you think that this distinction offends against Article 5?


