Lovelace vs Canada

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This is a popular case on the topic of Nationality of a married woman.

Facts of the case

Lovelace was an Indian women. She married a Canadian and left to Canada. She relinquish her Indian citizenship and took the Canadian citizenship. After few years, dispute rose between the husband and wife and they opted for a divorce. Because she has relinquished her Indian citizenship, it is not sure if India will re-issue her Indian citizenship. So she decided to stay in Canada. However, the Canadian Government asked her to leave Canada as she was divorced.

Lovelace sought the intervention of the Human Rights Commission (HRC) of Canada saying the decision of the Canada Government is in violation of Article 27 of ICCPR.

Result The HRC gave verdict in favor of Lovelace and directed the Canadian Government to amend its laws.


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