Convention on the reduction of statelessness
Article 8
Geldend
Geldend vanaf 13-12-1975
- Bronpublicatie:
30-08-1961, Trb. 1967, 124 (uitgifte: 13-09-1967, kamerstukken/regelingnummer: -)
- Inwerkingtreding
13-12-1975
- Bronpublicatie inwerkingtreding:
17-05-1985, Trb. 1985, 74 (uitgifte: 01-01-1985, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Internationaal publiekrecht / Mensenrechten
Staatsrecht / Nationaliteitsrecht
1.
A Contracting State shall not deprive a person of its nationality if such deprivation would render him stateless.
2.
Notwithstanding the provisions of paragraph 1 of this Article, a person may be deprived of the nationality of a Contracting State:
- (a)
in the circumstances in which, under paragraphs 4 and 5 of Article 7, it is permissible that a person should lose his nationality;
- (b)
where the nationality has been obtained by misrepresentation or fraud.
3.
Notwithstanding the provisions of paragraph 1 of this Article, a Contracting State may retain the right to deprive a person of his nationality, if at the time of signature, ratification or accession it specifies its retention of such right on one or more of the following grounds, being grounds existing in its national law at that time:
- (a)
that, inconsistently with his duty of loyalty to the Contracting State, the person
- (i)
has, in disregard of an express prohibition by the Contracting State rendered or continued to render services to, or received or continued to receive emoluments from, another State, or
- (ii)
has conducted himself in a manner seriously prejudicial to the vital interests of the State;
- (b)
that the person has taken an oath, or made a formal declaration, of allegiance to another State, or given definite evidence of his determination to repudiate his allegiance to the Contracting State.
4.
A Contracting State shall not exercise a power of deprivation permitted by paragraphs 2 or 3 of this Article except in accordance with law, which shall provide for the person concerned the right to a fair hearing by a court or other independent body.