1. Habbal et al v Argentina: The Inter-American Court of Human Rights’ Test on Arbitrary Deprivation of Nationality
- Author:
- Maria Jose Recalde-Vela
- Publication Date:
- 02-2024
- Content Type:
- Journal Article
- Journal:
- Statelessness & Citizenship Review
- Institution:
- Peter McMullin Centre on Statelessness, Melbourne Law School
- Abstract:
- The right to a nationality is enshrined under art 20 of the American Convention on Human Rights (‘ACHR’),1 which states that: 1.Every person has the right to a nationality. 2.Every person has the right to the nationality of the state in whose territory he was born if he does not have the right to any other nationality. 3.No one shall be arbitrarily deprived of his nationality or of the right to change it. The two bodies that oversee the implementation of the ACHRare the Inter-American Commission on Human Rights (‘IACommHR’) and the Inter-American Court of Human Rights (‘IACtHR’).2Despite the fact that not many cases concerning violations of art 20 of theACHRhave been heard before the IACtHR, the Court’s decisions to date have ‘reinforced guarantees against statelessness which establish limits to State discretion in this regard’.3 This is also true in matters concerning the right to a nationality. This case note discusses the case of Habbal et al v Argentina(‘Habbalet al’),4 in which several important issues were raised regarding nationality matters and broader human rights questions in the context of human mobility. This note analyses the matter of arbitrary deprivation of nationality, as the case offers an important addition to the IACtHR’s jurisprudence on nationality. Even though the ruling was not in favour of the victims, this decision is nevertheless valuable for its discussion on the scope of the prohibition of the arbitrary deprivation of nationality; an issue of growing concern worldwide.
- Topic:
- Human Rights, Law, Nationality, Jurisprudence, Habbal et. al. v. Argentina, and Inter-American Court of Human Rights
- Political Geography:
- Argentina and South America