Costa Rican nationality law is regulated by the Options and Naturalizations Act (Spanish : Ley de Opciones y Naturalizaciones), which was originally named the Immigration and Naturalization Act and established under the 1949 Constitution. [1] These laws determine who is, or is eligible to be, a citizen of Costa Rica. The legal means to acquire nationality and formal membership in a nation differ from the relationship of rights and obligations between a national and the nation, known as citizenship. [2] [3] [4] Costa Rican nationality is typically obtained either on the principle of jus soli, i.e. by birth in Costa Rica; or under the rules of jus sanguinis, i.e. by birth abroad to at least one parent with Costa Rican nationality. It can also be granted to a permanent resident who has lived in Costa Rica for a given period of time through naturalization. [5]
Costa Rican nationality may be acquired by birth or naturalization. [6] To qualify for naturalization, one must be an adult of good conduct and have established a domicile in Costa Rica according to the terms of Article 14 of the Constitution. It is required that applicants have a profession or sufficient sources of income to be self-sufficient and support their family, have neither been sentenced for a felony nor committed repeat offenses while living in Costa Rica, and have sufficient knowledge of Spanish to read, write and speak the language and understand the country's history and culture. [7]
Under the terms of Article 13 of the Constitution and Article 1 of the Options and Naturalizations Act, those who are eligible for birthright nationality include: [6]
Article 14 of the Constitution and Article 2 of the Options and Naturalizations Act, specify those who can be naturalized. [6] They include:
Members of the indigenous Guaymí or Ngäbe people were recognized as birthright nationals in 1990, despite non-compliance with registration requirements for birthright nationals of Costa Rica. [10] [11] The Constitutional Court ruled that they were not naturalized foreigners, as they had formerly been treated under Law No. 7024 of 1986, because of different circumstances concerning indigenous peoples. [10] [12] Dual nationality has been permitted in Costa Rica since the passage of Law N° 7514 in 1995. [13]
Costa Rica declared independence from Spain on 15 September 1821 in conjunction with the other provinces which had been part of the Captaincy General of Guatemala. The first provisional constitution of the country, known as the Pact of Concord established that citizens were free men born in the country or those from neighboring nations who had lived in Costa Rica for five years and were pledged to support independence from Spain. Between 1824 and 1838, the country was part of the Federal Republic of Central America, whose constituent states had similar nationality laws. [14] The federal constitution for the Republic of Central America drafted in 1824 provided that nationals were born in the territories or to nationals of the constituent states. It also provided for naturalization of foreign spouses of nationals. [15] Under terms of the General Code of the State (Spanish : El Código General del Estado), which regulated civil matters and was passed in 1841, married women were required to follow the nationality status of their spouse. [16] The second national constitution adopted in 1844 distinguished between natives, those born in the nation or who had been in the nation at the time of independence, and those who could naturalize. Naturalization was open to citizens of Central America, foreigners who lived in the country for 3 years if they had a family and 5 years if single, and others who had useful occupations or economic capital. Eligibility also depended upon age, gender, and economic self-sufficiency restrictions. Subsequently, Costa Rica adopted new constitutions in 1847, 1848, 1859, 1869, 1871, and 1917, which did not substantially change the scheme of nationality laid out in the 1844 Constitution. [17] The 1847 Constitution provided for naturalization by marriage to a Costa Rican spouse. [18]
According to the Costa Rican Constitution of 1871 a child born in Costa Rica, who did not have foreign nationality derived from either of its parents, was a national. [19] If a legitimate, legitimized, or legally recognized but illegitimate child was born to a Costa Rican father, either within the territory or abroad, a declaration of choosing Costa Rican nationality filed during the child's minority, or a declaration filed by the child after reaching majority conveyed nationality upon it. A child born to a Costa Rican mother received similar derivative nationality only if it was illegitimate and unrecognized by the father. If the father was a foreigner who later did recognize the child, Costa Rican nationality was lost, unless a declaration of choice was made by the parent during the child's minority or by the child when it reached majority. [20] Between 1882 and 1885, Costa Rica developed a civil code modeled on the Chilean Civil Code of 1857, the Napoleonic Code of 1804, and the Spanish Civil Code of 1851. [1] The 1885 Civil Code required married women to submit to the marital authority of their spouse, including wherever he chose to reside. [21] A mother could only provide nationality or have authority over illegitimate children under the 1885 Civil Code. [22]
Provisions of the Law of Alienship and Naturalization, adopted 13 May 1889, included that a Costa Rican woman married to a foreigner lost her nationality if her husband's nation granted her derivative nationality. It also provided that a foreign woman who married a Costa Rican national automatically derived the nationality of her husband. [23] A foreign wife could not be independently naturalized without her husband; however, a Costa Rican woman could have individual nationality differing from her husband. A woman who had lost her nationality by marriage could repatriate if the marriage terminated. Requirements were that she returned to Costa Rica and declared to officials her intent to reside in the country, renouncing her former nationality. A woman who had gained Costa Rican nationality through marriage could relinquish it if the marriage terminated and she acquired nationality elsewhere. [24] Under the Naturalization Law of 1889, minor children of a foreign father who naturalized, or chose to relinquish Costa Rican nationality, automatically derived his new nationality. Nationality lost in this manner could be regained under the provisions for choosing Costa Rican nationality. A mother was unable to change the nationality of her legitimate children during her marriage. [25]
The Immigration Law of 1942, specifically barred as immigrants to the nation people of African and Asian descent, specifying that Arabs, Armenians, Syrians and Turks were forbidden, as were nomadic people and coolies. [26] In 1949, Costa Rica developed a new constitution which recognized women as eligible for citizenship for the first time. [1] The following year the Options and Naturalizations Act (Spanish : Ley de Opciones y Naturalizaciones) was passed to harmonize domestic law with obligations in conventions and international treaties that Costa Rica had ratified. [27] These changes equalized the provisions for derived citizenship of children from either of their parents. The legislation gave preferential treatment in residency requirements to nationals of the Central American countries, Latin America, and Spain. It had provisions for spouses of Costa Ricans who lost nationality because of marriage to gain Costa Rican nationality [28] and established that nationality could not be changed except by choice. [29] Costa Rica became a signatory to the Inter-American Convention on the Nationality of Women in 1954 and in 1995, adopted Law 7514 (Spanish : Ley N° 7514), which made nationality an inalienable right. [30] [29]
Jus soli, meaning 'right of soil', is the right of anyone born in the territory of a state to nationality or citizenship, also commonly referred to as birthright citizenship in some Anglophone countries, is a rule defining a person's nationality based on their birth in the territory of the country. Jus soli was part of the English common law, in contrast to jus sanguinis, which derives from the Roman law that influenced the civil-law systems of mainland Europe.
Peruvian nationality law is regulated by the 1993 Constitution of Peru, the Nationality Law 26574 of 1996, and the Supreme Decree 010-2002-IN, which regulates the implementation of Law 26574. These laws determine who is, or is eligible to be, a citizen of Peru. The legal means to acquire nationality, formal membership in a nation, differ from the relationship of rights and obligations between a national and the nation, known as citizenship. Peruvian nationality is typically obtained either on the principle of jus soli, i.e. by birth in Peru; or under the rules of jus sanguinis, i.e. by birth abroad to at least one parent with Peruvian nationality. It can also be granted to a permanent resident, who has lived in Peru for a given period of time, through naturalization.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in Costa Rica have evolved significantly in the past decades. Same-sex sexual relations have been legal since 1971. In January 2018, the Inter-American Court of Human Rights made mandatory the approbation of same-sex marriage, adoption for same-sex couples and the removal of people's sex from all Costa Rican ID cards issued since October 2018. The Costa Rican Government announced that it would apply the rulings in the following months. In August 2018, the Costa Rican Supreme Court ruled against the country's same-sex marriage ban, and gave the Legislative Assembly 18 months to reform the law accordingly, otherwise the ban would be abolished automatically. Same-sex marriage became legal on 26 May 2020.
The Spanish nationality legal framework refers to all the laws, provisions, regulations, and resolutions in Spain concerning nationality.
Argentine nationality law regulates the manner in which one acquires, or is eligible to acquire, Argentine nationality. Nationality, as used in international law, describes the legal methods by which a person obtains a national identity and formal membership in a nation. Citizenship refers to the relationship between a nation and a national, after membership has been attained. Argentina recognizes a dual system accepting Jus soli and Jus sanguinis for the acquisition of nationality by birth and allows foreign persons to naturalize.
Chilean nationality law is based on both principles of jus soli and jus sanguini. Nationality law is regulated by Article 10 of the Political Constitution of the Republic of Chile. The legal means to acquire nationality, formal membership in a nation, differ from the relationship of rights and obligations between a national and the nation, known as citizenship.
Nationality in Mexico is defined by multiple laws, including the 30th article of the Constitution of Mexico and other laws. The Constitution's 32nd article specifies the rights granted by Mexican legislation to Mexicans who also possess dual nationality. This article was written to establish the norms in this subject in order to avoid conflicts which may arise in the case of dual nationality. This law was last modified in 2021.
Puerto Rico is an island in the Caribbean region in which inhabitants were Spanish nationals from 1508 until the Spanish–American War in 1898, from which point they derived their nationality from United States law. Nationality is the legal means by which inhabitants acquire formal membership in a nation without regard to its governance type; citizenship means the rights and obligations that each owes the other, once one has become a member of a nation. In addition to being United States nationals, persons are citizens of the United States and citizens of the Commonwealth of Puerto Rico within the context of United States Citizenship. Miriam J. Ramirez de Ferrer v. Juan Mari Brás. Though the Constitution of the United States recognizes both national and state citizenship as a means of accessing rights, Puerto Rico's history as a territory has created both confusion over the status of its nationals and citizens and controversy because of distinctions between jurisdictions of the United States. These differences have created what political scientist Charles R. Venator-Santiago has called "separate and unequal" statuses.
Colombian nationality is typically obtained by birth in Colombia when one of the parents is either a Colombian national or a Colombian legal resident, by birth abroad when at least one parent was born in Colombia, or by naturalization, as defined by Article 96 of the Constitution of Colombia and the Law 43-1993 as modified by Legislative Act 1 of 2002. Colombian law differentiates between nationality and citizenship. Nationality is the attribute of the person in international law that describes their relationship to the State, whereas citizenship is given to those nationals that have certain rights and responsibilities to the State. Article 98 of the Colombian constitution establishes that Colombian citizens are those nationals that are 18 years of age or older. Colombian citizens are entitled to vote in elections and exercise the public actions provided in the constitution.
General elections were held in Costa Rica on 6 February 2022, to elect the president, two vice-presidents, and all 57 deputies of the Legislative Assembly. As none of the presidential nominees obtained at least 40% of the votes, a runoff was held on 3 April 2022, between the top two candidates, José María Figueres and Rodrigo Chaves Robles.
Guatemalan nationality law is regulated by the 1985 Constitution, as amended in 1995, and the 1966 Nationality Law, as amended in 1996. These laws determine who is, or is eligible to be, a citizen of Guatemala. The legal means to acquire nationality and formal membership in a nation differ from the relationship of rights and obligations between a national and the nation, known as citizenship. Guatemalan nationality is typically obtained either on the principle of jus soli, i.e. by birth in Guatemala; or under the rules of jus sanguinis, i.e. by birth abroad to at least one parent with Guatemalan nationality. It can also be granted to a permanent resident who has lived in Guatemala for a given period of time through naturalization.
Nicaraguan nationality law is regulated by the Constitution, the General Law for Migration and Foreigners, Law No. 761 and relevant treaties to which Nicaragua is a signatory. These laws determine who is, or is eligible to be, a citizen of Nicaragua. The legal means to acquire nationality and formal membership in a nation differ from the relationship of rights and obligations between a national and the nation, known as citizenship. Nicaraguan nationality is typically obtained either on the principle of jus soli, i.e. by birth in Nicaragua; or under the rules of jus sanguinis, i.e. by birth abroad to a parent with Nicaraguan nationality. It can also be granted to a permanent resident who has lived in the country for a given period of time through naturalization or for a foreigner who has provided exceptional service to the nation.
Bolivian nationality law is regulated by the 2009 Constitution. This statute determines who is, or is eligible to be, a citizen of Bolivia. The legal means to acquire nationality and formal membership in a nation differ from the relationship of rights and obligations between a national and the nation, known as citizenship. Bolivian nationality is typically obtained either on the principle of jus soli, i.e. by birth in Bolivia; or under the rules of jus sanguinis, i.e. by birth abroad to at least one parent with Bolivian nationality. It can also be granted to a permanent resident who has lived in Bolivia for a given period of time through naturalization.
Ecuadorian nationality is the status of being a citizen of Ecuador. Ecuadorian nationality is typically obtained either on the principle of jus soli, i.e. by birth in Ecuador; or under the rules of jus sanguinis, i.e. by birth abroad to at least one parent with Ecuadorian nationality. It can also be granted to a permanent resident, who has lived in Ecuador for a given period of time, through naturalization.
Cuban nationality law is regulated by the Constitution of Cuba, currently the 2019 Constitution, and to a limited degree upon Decree 358 of 1944. These laws determine who is, or is eligible to be, a citizen of Cuba. The legal means to acquire nationality and formal membership in a nation differ from the relationship of rights and obligations between a national and the nation, known as citizenship. Cuban nationality is typically obtained either on the principle of jus soli, i.e. by birth in Cuba; or under the rules of jus sanguinis, i.e. by birth abroad to a parent with Cuban nationality. It can also be granted to a permanent resident who has lived in the country for a given period of time through naturalization.
Dominican Republic nationality law is regulated by the 2015 Constitution, Law 1683 of 1948, the 2014 Naturalization Law #169-14, and relevant treaties to which the Dominican Republic is a signatory. These laws determine who is, or is eligible to be, a citizen of the Dominican Republic. The legal means to acquire nationality and formal membership in a nation differ from the relationship of rights and obligations between a national and the nation, known as citizenship. Nationality in the Dominican Republic is typically obtained either on the principle of jus soli, i.e. by birth in the Dominican Republic; or under the rules of jus sanguinis, i.e. by birth abroad to a parent with Dominican nationality. It can also be granted to a permanent resident who has lived in the country for a given period of time through naturalization or for a foreigner who has provided exceptional service to the nation.
Salvadoran nationality law is regulated by the Constitution; the Legislative Decree 2772, commonly known as the 1933 Law on Migration, and its revisions; and the 1986 Law on Foreigner Issues. These laws determine who is, or is eligible to be, a citizen of El Salvador. The legal means to acquire nationality and formal membership in a nation differ from the relationship of rights and obligations between a national and the nation, known as citizenship. Salvadoran nationality is typically obtained either on the principle of jus soli, i.e. by birth in El Salvador; or under the rules of jus sanguinis, i.e. by birth abroad to a parent with Salvadoran nationality. It can also be granted to a citizen of any Central American state, or a permanent resident who has lived in the country for a given period of time through naturalization.
Honduran nationality law is regulated by the Constitution, the Migration and Aliens Act, the 2014 Law on Protection of Honduran Migrants and their Families and relevant treaties to which Honduras is a signatory. These laws determine who is, or is eligible to be, a citizen of Honduras. The legal means to acquire nationality and formal membership in a nation differ from the relationship of rights and obligations between a national and the nation, known as citizenship. Honduran nationality is typically obtained either on the principle of jus soli, i.e. by birth in Honduras; or under the rules of jus sanguinis, i.e. by birth abroad to a parent with Honduran nationality. It can also be granted to a permanent resident who has lived in the country for a given period of time through naturalization.
Panamanian nationality law is regulated by the 1972 Constitution, as amended by legislative acts; the Civil Code; migration statues, such as Law Decree No. 3 of 2008; and relevant treaties to which Panama is a signatory. These laws determine who is, or is eligible to be, a citizen of Panama. The legal means to acquire nationality and formal membership in a nation differ from the relationship of rights and obligations between a national and the nation, known as citizenship. Panamanian nationality is typically obtained either on the principle of jus soli, i.e. by birth in Panama; or under the rules of jus sanguinis, i.e. by birth abroad to a parent with Panamanian nationality. It can also be granted to a permanent resident who has lived in the country for a given period of time through naturalization.
Equatoguinean nationality law is regulated by the Constitution of Equatorial Guinea, as amended; the Equatoguinean Nationality Regulation, and its revisions; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of Equatorial Guinea. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Equatoguinean nationality is typically obtained under the principle of jus soli, i.e. by birth in Equatorial Guinea, or jus sanguinis, born to parents with Equatoguinean nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalization.