Nationality

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Nationality is a legal identification of a person in international law, establishing the person as a subject, a national, of a sovereign state. It affords the state jurisdiction over the person and affords the person the protection of the state against other states. [1]

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Article 15 of the Universal Declaration of Human Rights states that "Everyone has the right to a nationality," and "No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality." By international custom and conventions, it is the right of each state to determine who its nationals are. [2] Such determinations are part of nationality law. In some cases, determinations of nationality are also governed by public international law—for example, by treaties on statelessness and the European Convention on Nationality. [3]

The rights and duties of nationals vary from state to state, [4] and are often complemented by citizenship law, in some contexts to the point where citizenship is synonymous with nationality. [5] However, nationality differs technically and legally from citizenship, which is a different legal relationship between a person and a country. The noun "national" can include both citizens and non-citizens. The most common distinguishing feature of citizenship is that citizens have the right to participate in the political life of the state, such as by voting or standing for election. However, in most modern countries all nationals are citizens of the state, and full citizens are always nationals of the state. [6]

In older texts or other languages the word "nationality", rather than "ethnicity", is often used to refer to an ethnic group (a group of people who share a common ethnic identity, language, culture, lineage, history, and so forth). This older meaning of "nationality" is not defined by political borders or passport ownership and includes nations that lack a independent state (such as the Arameans, Scots, Welsh, English, Andalusians, [7] Basques, Catalans, Kurds, Kabyles, Baloch, Berbers, Bosniaks, Kashmiris, Palestinians, Sindhi, Tamils, Hmong, Inuit, Copts, Māori, Punjabis, Wakhi, Székelys, Xhosas and Zulus).[ citation needed ] Individuals may also be considered nationals of groups with autonomous status that have ceded some power to a larger sovereign state.

Nationality is also employed as a term for national identity, with some cases of identity politics and nationalism conflating the legal nationality as well as ethnicity with a national identity.

International law

Nationality is the status that allows a nation to grant rights to the subject and to impose obligations upon the subject. [6] In most cases, no rights or obligations are automatically attached to this status, although the status is a necessary precondition for any rights and obligations created by the state. [8]

In European law, nationality is the status or relationship that gives the nation the right to protect a person from other nations. [6] Diplomatic and consular protection are dependent upon this relationship between the person and the state. [6] A person's status as being the national of a country is used to resolve the conflict of laws. [8]

Within the broad limits imposed by a few treaties and international law, states may freely define who are and are not their nationals. [6] However, since the Nottebohm case, other states are only required to respect the claim(s) by a state to protect an alleged national if the nationality is based on a true social bond. [6] In the case of dual nationality, the states may determine the most effective nationality for the person, to determine which state's laws are the most relevant. [8] There are also limits on removing a person's status as a national. Article 15 of the Universal Declaration of Human Rights states that "Everyone has the right to a nationality," and "No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality."

The following instruments address the right to a nationality:

National law

Nationals normally have the right to enter or return to the country they belong to. Passports are issued to nationals of a state, rather than only to citizens, because passport is a travel document used to enter the country. However, nationals may not have the right of abode (the right to live permanently) in the countries that granted them passports.

Nationality versus citizenship

Immigration inspection directory sign at Shanghai Pudong International Airport, use the term "Chinese nationals" while the Chinese text refers to "Chinese citizens (Zhong Guo Gong Min 
)". 201812 Immigration Inspection directory Sign at PVG.jpg
Immigration inspection directory sign at Shanghai Pudong International Airport, use the term "Chinese nationals" while the Chinese text refers to "Chinese citizens (中国公民 )".

Conceptually, citizenship is focused on the internal political life of the state and nationality is a matter of international law. [26] Article 15 of the Universal Declaration of Human Rights states that everyone has the right to nationality. [27] As such nationality in international law can be called and understood as citizenship, [27] or more generally as subject or belonging to a sovereign state, and not as ethnicity. This notwithstanding, around 10 million people are stateless. [27]

In the modern era, the concept of full citizenship encompasses not only active political rights, but full civil rights and social rights. [6] Nationality is a necessary but not sufficient condition to exercise full political rights within a state or other polity.. [28] [ page needed ] Nationality is required for full citizenship.

Historically, the most significant difference between a national and a citizen is that the citizen has the right to vote for elected officials, and the right to be elected. [6] This distinction between full citizenship and other, lesser relationships goes back to antiquity. Until the 19th and 20th centuries, it was typical for only a certain percentage of people who belonged to the state to be considered as full citizens. In the past, a number of people were excluded from citizenship on the basis of sex, socioeconomic class, ethnicity, religion, and other factors. However, they held a legal relationship with their government akin to the modern concept of nationality. [6]

Nationality in context

United States nationality law defines some persons born in some of the U.S. outlying possessions as U.S. nationals but not citizens. British nationality law defines six classes of British national, among which "British citizen" is one class (having the right of abode in the United Kingdom, along with some "British subjects"). Similarly, in the Republic of China, commonly known as Taiwan, the status of national without household registration applies to people who have the Republic of China nationality, but do not have an automatic entitlement to enter or reside in the Taiwan Area, and do not qualify for civic rights and duties there. Under the nationality laws of Mexico, Colombia, and some other Latin American countries, nationals do not become citizens until they turn the age of majority. Israeli law distinguishes nationality from citizenship. The nationality of an Arab citizen of Israel is "Arab", not Israeli, while the nationality of a Jewish citizen is "Jewish" not Israeli. [29]

List of nationalities which do not have full citizenship rights

CountryForm of nationalityDescription
Flag of the United Kingdom.svg United Kingdom All forms of British nationalities except British Citizen Among the 6 forms of British nationality, only British Citizens have the automatic right of abode in the United Kingdom, Isle of Man and Channel Islands, all the others don't have an automatic right to enter and live in the UK at all. Although the status of a British Overseas Territories citizen (BOTC) is derived from a connection of an overseas territory, it does not guarantee belonger status in that territory (which confers citizenship rights) as it is defined by the law of the territory itself which may be different from the British nationality law. [30]
Flag of Latvia.svg Latvia Non-citizens (Latvia) This is the status conferred to people who were legal residents in Latvia upon restoring independence, but not eligible for Latvian citizenship, which are mainly ethnic Russians migrated during the Soviet occupation period.
Flag of Estonia.svg Estonia undefined citizenship This is the term used to denote the legal residents in Estonia upon restoring independence who are not eligible for Estonian citizenship, similar to the Latvian non-citizens above.
Flag of the Republic of China.svg Taiwan (Republic of China) National without household registration Rights in Taiwan are granted by both having the nationality and a household registration there. Without a household registration a person does not have automatic right to enter or live in Taiwan. These are mainly overseas ethnic Chinese who have right to the Republic of China nationality under the nationality law.
Flag of the People's Republic of China.svg China Chinese nationals migrated to one of the SARs using one-way permit but before taking up permanent residenceThese people, although technically Chinese nationals, are unable to vote or apply for a passport anywhere because rights in mainland China are associated with household registration which is relinquished upon migration, but rights in the SARs (e.g. right to vote and right to hold a passport) are given to permanent residents which is only eligible after 7 years of continuous residence. (They are eligible for applying Hong Kong Document of Identity for Visa Purposes or Macao Special Administrative Region Travel Permit as travel documents.)
Flag of the United States.svg United States U.S. nationals who are not U.S. citizens These people, mainly American Samoan, have the right to enter, work, and live in the United States as permanent residents but don't have the same voting rights as citizens and are barred from holding certain public offices that are restricted to citizens only.

Even if the nationality law classifies people with the same nationality on paper (de jure), the right conferred can be different according to the place of birth or residence, creating different de facto classes of nationality, sometimes with different passports as well. For example, although Chinese nationality law operates uniformly in China, including Hong Kong and Macau SARs, with all Chinese nationals classified the same under the nationality law, in reality local laws, in mainland and also in the SARs, govern the right of Chinese nationals in their respective territories which give vastly different rights, including different passports, to Chinese nationals according to their birthplace or residence place, effectively making a distinction between Chinese national of mainland China, Hong Kong or Macau, both domestically and internationally. The United Kingdom had a similar distinction as well before 1983, where all nationals with a connection to the UK or one of the colonies, were classified as Citizens of the United Kingdom and Colonies, but their rights where different depending on the connection under different laws, which was formalised into different classes of nationalities under the British Nationality Act 1981.

Nationality versus ethnicity

Nationality is sometimes used simply as an alternative word for ethnicity or national origin, just as some people assume that citizenship and nationality are identical. [31] In some countries, the cognate word for nationality in local language may be understood as a synonym of ethnicity or as an identifier of cultural and family-based self-determination, rather than on relations with a state or current government. For example, some Kurds say that they have Kurdish nationality, even though there is no Kurdish sovereign state at this time in history.

A Soviet birth certificate, in which the nacional'nost' of both parents (here both Jewish) was recorded. These records were subsequently used to determine the ethnicity of the child, as specified in his internal passport. Russian birth certificate of Michael Lucas.JPG
A Soviet birth certificate, in which the nacional'nost' of both parents (here both Jewish) was recorded. These records were subsequently used to determine the ethnicity of the child, as specified in his internal passport.

In the context of former Soviet Union and former Socialist Federal Republic of Yugoslavia, "nationality" is often used as translation of the Russian nacional'nost' and Serbo-Croatian narodnost, which were the terms used in those countries for ethnic groups and local affiliations within the member states of the federation. In the Soviet Union, more than 100 such groups were formally recognized. Membership in these groups was identified on Soviet internal passports, and recorded in censuses in both the USSR and Yugoslavia. In the early years of the Soviet Union's existence, ethnicity was usually determined by the person's native language, and sometimes through religion or cultural factors, such as clothing. [32] Children born after the revolution were categorized according to their parents' recorded ethnicities. Many of these ethnic groups are still recognized by modern Russia and other countries.

Similarly, the term nationalities of China refers to ethnic and cultural groups in China. Spain is one nation, made up of nationalities, which are not politically recognized as nations (state), but can be considered smaller nations within the Spanish nation. Spanish law recognizes the autonomous communities of Andalusia, Aragon, Balearic Islands, Canary Islands, Catalonia, Valencia, Galicia and the Basque Country as "nationalities" (nacionalidades).

In 2013, the Supreme Court of Israel unanimously affirmed the position that "citizenship" (e.g. Israeli) is separate from le'om (Hebrew : לאום; "nationality" or "ethnic affiliation"; e.g. Jewish, Arab, Druze, Circassian), and that the existence of a unique "Israeli" le'om has not been proven. Israel recognizes more than 130 le'umim in total. [33] [34] [35]

Nationality versus national identity

National identity is person's subjective sense of belonging to one state or to one nation. A person may be a national of a state, in the sense of being its citizen, without subjectively or emotionally feeling a part of that state, for example, many migrants in Europe often identify with their ancestral and/or religious background rather than with the state of which they are citizens. Conversely, a person may feel that he belongs to one state without having any legal relationship to it. For example, children who were brought to the U.S. illegally when quite young and grew up there while having little contact with their native country and their culture often have a national identity of feeling American, despite legally being nationals of a different country.

Dual nationality

Dual nationality is when a single person has a formal relationship with two separate, sovereign states. [36] This might occur, for example, if a person's parents are nationals of separate countries, and the mother's country claims all offspring of the mother's as their own nationals, but the father's country claims all offspring of the father's.

Nationality, with its historical origins in allegiance to a sovereign monarch, was seen originally as a permanent, inherent, unchangeable condition, and later, when a change of allegiance was permitted, as a strictly exclusive relationship, so that becoming a national of one state required rejecting the previous state. [36]

Dual nationality was considered a problem that caused a conflict between states and sometimes imposed mutually exclusive requirements on affected people, such as simultaneously serving in two countries' military forces. Through the middle of the 20th century, many international agreements were focused on reducing the possibility of dual nationality. Since then, many accords recognizing and regulating dual nationality have been formed. [36]

Statelessness

Statelessness is the condition in which an individual has no formal or protective relationship with any state. There are various reasons why a person can become stateless. This might occur, for example, if a person's parents are nationals of separate countries, and the mother's country rejects all offspring of mothers married to foreign fathers, but the father's country rejects all offspring born to foreign mothers. Although this person may have an emotional national identity, he or she may not legally be the national of any state.

Another stateless situation arises when a person holds a travel document (passport) which recognizes the bearer as having the nationality of a "state" which is not internationally recognized, has no entry into the International Organization for Standardization's country list, is not a member of the United Nations, etc. In the current era, persons native to Taiwan who hold passports of Republic of China are one example. [37] [38]

Some countries ( like the Kuwait, UAE, and Saudi Arabia) can also remove your citizenship; the reasons for removal can be fraud and/or security issues. There are also people who are abandoned at birth and the parents' whereabouts are not known. [39] [40]

De jure vs de facto statelessness

Nationality law defines citizenship and statelessness. Citizenship is awarded based on two well-known principles: jus sanguinis and jus soli. Jus sanguinis translated from Latin means "right of blood." According to this principle, citizenship is awarded if the parent(s) of the person are citizens of that country. Jus soli is referred to as "birthright citizenship." It means, anyone born in the territory of the country is awarded citizenship of that country. [41]

Statelessness person is defined by 1954 Statelessness Convention as "a person who is not considered a national by any State under operation of its law.” [42] A person can become stateless because of administrative reasons. For example, "A person may be at risk of statelessness if she is born in a State that applies jus sanguinis while her parents were born in a State that applies jus soli, leaving the person ineligible for citizenship in both States due to conflicting laws." [43] Moreover, there are countries in which if a person doesn't reside for a specified period of time, they can automatically lose their nationality. [44] To protect those individuals from being deemed "stateless," 1961 Statelessness Convention places limitations on nationality laws. See 1961 Statelessness Convention, arts. 6-8. [45]

Conferment of nationality

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States in which unmarried fathers are unable to confer nationality on their children
States in which mothers are unable to confer nationality on their children and spouses
States in which women are unable to confer nationality on spouses and/or acquire, change, and retain their nationality Women conferring nationality.png
  States in which unmarried fathers are unable to confer nationality on their children
  States in which mothers are unable to confer nationality on their children and spouses
  States in which women are unable to confer nationality on spouses and/or acquire, change, and retain their nationality

The following list includes states in which parents are able to confer nationality on their children or spouses. [46] [47]

Africa

Nationality law in Africa
Country:Unmarried fathers able to confer nationality on childrenMothers able to confer nationality on childrenWomen able to confer nationality on spouses
Flag of Benin.svg Benin Yes check.svg Yes check.svg X mark.svg
Flag of Burundi.svg Burundi Yes check.svg X mark.svg [note 1] X mark.svg
Flag of Cameroon.svg Cameroon Yes check.svg Yes check.svg X mark.svg
Flag of the Central African Republic.svg Central African Republic Yes check.svg Yes check.svg X mark.svg
Flag of the Comoros.svg Comoros Yes check.svg Yes check.svg X mark.svg
Flag of the Republic of the Congo.svg Congo Yes check.svg Yes check.svg X mark.svg
Flag of Egypt.svg Egypt Yes check.svg Yes check.svg X mark.svg
Flag of Eswatini.svg Eswatini Yes check.svg X mark.svg X mark.svg
Flag of Guinea.svg Guinea Yes check.svg Yes check.svg X mark.svg
Flag of Lesotho.svg Lesotho Yes check.svg Yes check.svg X mark.svg
Flag of Liberia.svg Liberia Yes check.svg X mark.svg [note 2] Yes check.svg
Flag of Libya.svg Libya Yes check.svg X mark.svg [note 3] X mark.svg
Flag of Madagascar.svg Madagascar Yes check.svg Yes check.svg [note 4] X mark.svg
Flag of Malawi.svg Malawi Yes check.svg Yes check.svg X mark.svg
Flag of Mauritania.svg Mauritania Yes check.svg X mark.svg [note 3] X mark.svg
Flag of Mauritius.svg Mauritius Yes check.svg Yes check.svg X mark.svg
Flag of Morocco.svg Morocco Yes check.svg Yes check.svg X mark.svg
Flag of Nigeria.svg Nigeria Yes check.svg Yes check.svg X mark.svg
Flag of Sierra Leone.svg Sierra Leone Yes check.svg Yes check.svg X mark.svg
Flag of Somalia.svg Somalia Yes check.svg X mark.svg X mark.svg
Flag of Sudan.svg Sudan Yes check.svg X mark.svg X mark.svg
Flag of Tanzania.svg Tanzania Yes check.svg Yes check.svg X mark.svg
Flag of Togo.svg Togo Yes check.svg X mark.svg [note 3] X mark.svg
Flag of Tunisia.svg Tunisia Yes check.svg Yes check.svg X mark.svg

Americas

North America

Nationality law in North America
Nation:Unmarried fathers able to confer nationality on childrenMothers able to confer nationality on childrenWomen able to confer nationality on spouses
Flag of Canada (Pantone).svg Canada Yes check.svg [49] Yes check.svg [49] Yes check.svg [note 5]
Flag of Mexico.svg Mexico Yes check.svg [51] Yes check.svg [52] X mark.svg [53]
Flag of the United States.svg United States Yes check.svg [54]

Yes check.svg [54]

Vraagteken.svg

Caribbean

Nationality law in the Caribbean
Country:Unmarried fathers able to confer nationality on childrenMothers able to confer nationality on childrenWomen able to confer nationality on spouses
Flag of the Bahamas.svg Bahamas X mark.svg X mark.svg [note 2] X mark.svg
Flag of Barbados.svg Barbados X mark.svg X mark.svg [note 2] X mark.svg
Flag of Saint Lucia.svg Saint Lucia Yes check.svg Yes check.svg X mark.svg
Flag of Saint Vincent and the Grenadines.svg Saint Vincent and the Grenadines Yes check.svg Yes check.svg X mark.svg

Central America

Nationality law in Central America
Country:Unmarried fathers able to confer nationality on childrenMothers able to confer nationality on childrenWomen able to confer nationality on spouses
Flag of Belize.svg Belize Yes check.svg Yes check.svg Yes check.svg [55]
Flag of Costa Rica.svg Costa Rica Yes check.svg Yes check.svg X mark.svg [56]
Flag of El Salvador.svg El Salvador Yes check.svg Yes check.svg X mark.svg [57]
Flag of Guatemala.svg Guatemala Yes check.svg Yes check.svg X mark.svg
Flag of Honduras (darker variant).svg Honduras Vraagteken.svg Vraagteken.svg Vraagteken.svg
Flag of Nicaragua.svg Nicaragua Vraagteken.svg Vraagteken.svg Vraagteken.svg
Flag of Panama.svg Panama Vraagteken.svg Vraagteken.svg Vraagteken.svg

South America

Nationality law in South America
Country:Unmarried fathers able to confer nationality on childrenMothers able to confer nationality on childrenWomen able to confer nationality on spouses
Flag of Argentina.svg Argentina Vraagteken.svg Vraagteken.svg Vraagteken.svg
Flag of Bolivia.svg Bolivia Vraagteken.svg Vraagteken.svg Vraagteken.svg
Flag of Brazil.svg Brazil Yes check.svg Yes check.svg Yes check.svg
Flag of Chile.svg Chile Vraagteken.svg Vraagteken.svg Vraagteken.svg
Flag of Colombia.svg Colombia Vraagteken.svg Vraagteken.svg Vraagteken.svg
Flag of Ecuador.svg Ecuador Vraagteken.svg Vraagteken.svg Vraagteken.svg
Flag of Guyana.svg Guyana Vraagteken.svg Vraagteken.svg Vraagteken.svg
Flag of Paraguay.svg Paraguay Vraagteken.svg Vraagteken.svg Vraagteken.svg
Flag of Peru.svg Peru Vraagteken.svg Vraagteken.svg Vraagteken.svg
Flag of Suriname.svg Suriname Vraagteken.svg Vraagteken.svg Vraagteken.svg
Flag of Uruguay.svg Uruguay Yes check.svg Yes check.svg Yes check.svg
Flag of Venezuela.svg Venezuela Vraagteken.svg Vraagteken.svg Vraagteken.svg

Asia

Nationality law in Asia
Country:Unmarried fathers able to confer nationality on childrenMothers able to confer nationality on childrenWomen able to confer nationality on spouses
Flag of Armenia.svg
Armenia
Yes check.svg Yes check.svg Yes check.svg [58]
Flag of Bahrain.svg Bahrain Yes check.svg X mark.svg [note 3] X mark.svg
Flag of Bangladesh.svg Bangladesh Yes check.svg Yes check.svg X mark.svg
Flag of Brunei.svg Brunei Yes check.svg X mark.svg X mark.svg
Flag of India.svg India Yes check.svg Yes check.svg Yes check.svg [59]
Flag of Iran.svg Iran Yes check.svg Yes check.svg [note 6] X mark.svg
Flag of Iraq.svg Iraq Yes check.svg X mark.svg [note 7] X mark.svg
Flag of Jordan.svg Jordan Yes check.svg X mark.svg [note 3] X mark.svg
Flag of Kuwait.svg Kuwait Yes check.svg X mark.svg [note 8] X mark.svg
Flag of Lebanon.svg Lebanon Yes check.svg X mark.svg [note 9] X mark.svg
Flag of Malaysia.svg Malaysia X mark.svg X mark.svg [note 2] X mark.svg
Flag of Nepal.svg Nepal Yes check.svg X mark.svg X mark.svg
Flag of Oman.svg Oman Yes check.svg X mark.svg X mark.svg
Flag of Pakistan.svg Pakistan Yes check.svg Yes check.svg X mark.svg
Flag of the Philippines.svg Philippines Yes check.svg Yes check.svg X mark.svg
Flag of Qatar.svg Qatar Yes check.svg X mark.svg X mark.svg
Flag of Russia.svg
Russia
Yes check.svg Yes check.svg Yes check.svg [63]
Flag of Saudi Arabia.svg Saudi Arabia Yes check.svg X mark.svg [note 3] X mark.svg
Flag of Singapore.svg Singapore Yes check.svg Yes check.svg X mark.svg
Flag of Syria.svg Syria Yes check.svg X mark.svg [note 10] X mark.svg
Flag of Thailand.svg Thailand Yes check.svg Yes check.svg X mark.svg
Flag of the United Arab Emirates.svg United Arab Emirates Yes check.svg Yes check.svg [note 11] X mark.svg
Flag of Yemen.svg Yemen Yes check.svg Yes check.svg X mark.svg

Europe

Nationality law in Europe
Country:Unmarried fathers able to confer nationality on childrenMothers able to confer nationality on childrenWomen able to confer nationality on spouses
Flag of Monaco.svg Monaco Yes check.svg Yes check.svg X mark.svg
Flag of Ukraine.svg
Ukraine
Yes check.svg Yes check.svg Yes check.svg [65]

Oceania

Nationality law in Oceania
Country:Unmarried fathers able to confer nationality on childrenMothers able to confer nationality on childrenWomen able to confer nationality on spouses
Flag of Kiribati.svg Kiribati Yes check.svg X mark.svg [note 2] X mark.svg
Flag of Nauru.svg Nauru Yes check.svg Yes check.svg X mark.svg
Flag of the Solomon Islands.svg Solomon Islands Yes check.svg Yes check.svg X mark.svg

See also

Notes

  1. In Burundi, women nationals can confer their nationality on their children if their children are born out of wedlock to unknown fathers or their fathers disown them.
  2. 1 2 3 4 5 Women only can confer their nationality on their children who are born in the nation; children born abroad can not acquire citizenship.
  3. 1 2 3 4 5 6 Women nationals can confer their nationality on their children whose fathers are stateless, whose fathers' identities or nationalities are unknown, or whose fathers do not establish filiation with such children.
  4. In Madagascar, mothers can confer nationality on children born in wedlock if the father is stateless or of unknown nationality. Children born out of wedlock or to Madagascan mothers and foreign fathers can apply to the nationality until they reach majority. [48]
  5. Irrespective of gender, Canadian citizens (nationals) can sponsor their spouse, common-law partner, or conjugal partner, for permanent residency in Canada. Permanent residents then can apply for citizenship by naturalization after living in Canada for three years. [50]
  6. On 14 May 2019, the Iranian Islamic Consultative Assembly approved an amendment to their nationality law, in which women married to men with a foreign nationality should request to confer nationality on children under age 18, while children and spouses of Iranian men are granted nationality automatically. However, the Guardian Council should approve the amendment. [60] On 2 October 2019, the Guardian Council agreed to sign the bill into a law, [61] taking into account the background checks on foreign fathers. [62]
  7. In Iraq, nationality law limits the ability of Iraqi women to confer nationality on children who are born without the nation.
  8. In Kuwait, a person whose father is unknown or whose paternity has not been established may apply for Kuwaiti citizenship upon the age of majority.
  9. In Lebanon, women only can confer their citizenship on their children who are born out of wedlock and whose Lebanese mother recognizes them as her children during such children's minority.
  10. In Syria, mothers only can confer nationality on their children who are born in Syria and whose fathers do not establish filiation of such children.
  11. In United Arab Emirates, mothers only can confer nationality on their children who have lived in the UAE for at least six years. [64]

Related Research Articles

Citizenship National identity of a person

Citizenship is the status of a person recognized under the law of a country of belonging to thereof. In international law it is membership to a sovereign state.

<i>Jus soli</i> Birthright of anyone born in the territory of a state to nationality or citizenship

Jus soli, commonly referred to as birthright citizenship, is the right of anyone born in the territory of a state to nationality or citizenship.

Jus sanguinis is a principle of nationality law by which citizenship is determined or acquired by the nationality or ethnicity of one or both parents. Children at birth may be citizens of a particular state if either or both of their parents have citizenship of that state. It may also apply to national identities of ethnic, cultural, or other origins. Citizenship can also apply to children whose parents belong to a diaspora and were not themselves citizens of the state conferring citizenship. This principle contrasts with jus soli, which is solely based on the place of birth.

The right of return is a principle in international law which guarantees everyone's right of voluntary return to, or re-entry to, their country of origin or of citizenship. The right of return is part of the broader human rights concept freedom of movement and is also related to the legal concept of nationality. While many states afford their citizens the right of abode, the right of return is not restricted to citizenship or nationality in the formal sense. It allows stateless persons and for those born outside their country to return for the first time, so long as they have maintained a "genuine and effective link."

In international law, a stateless person is someone who is "not considered as a national by any state under the operation of its law". Some stateless people are also refugees. However, not all refugees are stateless, and many people who are stateless have never crossed an international border. On November 12, 2018, United Nations High Commissioner for Refugees stated there are about 12 million stateless people in the world.

Nationality law is the law of a sovereign state, and of each of its jurisdictions, that defines the legal manner in which a national identity is acquired and how it may be lost. In international law, the legal means to acquire nationality and formal membership in a nation are separated from the relationship between a national and the nation, known as citizenship. Some nations domestically use the terms interchangeably, though by the 20th century, nationality had commonly come to mean the status of belonging to a particular nation with no regard to the type of governance which established a relationship between the nation and its people. A person in a country of which he or she is not a national is generally regarded by that country as a foreigner or alien. A person who has no recognised nationality to any jurisdiction is regarded as stateless.

Czech nationality law

The citizenship law of the Czech Republic is based on the principles of jus sanguinis or "right by blood". In other words, descent from a Czech parent is the primary method of acquiring Czech citizenship. Birth on Czech territory without a Czech parent is in itself insufficient for the conferral of Czech citizenship. Every Czech citizen is also a citizen of the European Union. The law came into effect on 1 January 1993, the date of the dissolution of Czechoslovakia, and has been amended in 1993, 1995, 1996, 1999, 2002, 2003, and 2005. Since 1 January 2014, multiple citizenship under Czech law is allowed.

Hungarian nationality law

Hungarian nationality law is based on the principles of jus sanguinis. Hungarian citizenship can be acquired by descent from a Hungarian parent, or by naturalisation. A person born in Hungary to foreign parents does not generally acquire Hungarian citizenship. A Hungarian citizen is also a citizen of the European Union.

A travel document is an identity document issued by a government or international treaty organization to facilitate the movement of individuals or small groups of people across international boundaries, following international agreements. Travel documents usually assure other governments that the bearer may return to the issuing country, and are often issued in booklet form to allow other governments to place visas as well as entry and exit stamps into them. The most common travel document is a passport, which usually gives the bearer more privileges like visa-free access to certain countries. However, the term is sometimes used only for those documents which do not bear proof of nationality, such as a refugee travel document.

Convention on the Reduction of Statelessness 1961 United Nations multilateral treaty

The Convention on the Reduction of Statelessness is a 1961 United Nations multilateral treaty whereby sovereign states agree to reduce the incidence of statelessness. The Convention was originally intended as a Protocol to the Convention Relating to the Status of Refugees, while the 1954 Convention Relating to the Status of Stateless Persons was adopted to cover stateless persons who are not refugees and therefore not within the scope of the Convention Relating to the Status of Refugees.

Estonian nationality law

Estonian citizenship – based primarily on the principle of jus sanguinis – is governed by a law promulgated on 19 January 1995 by the Riigikogu which took effect on 1 April 1995. The Police and Border Guard Board is responsible for processing applications and enquiries concerning Estonian citizenship.

Egyptian nationality law

The Egyptian nationality law is based on a mixture the principles of Jus sanguinis and Jus soli with some alterations. In other words, both place of birth and Egyptian parentage are relevant for determining whether a person is an Egyptian citizen. As of 2020, anyone born to an Egyptian mother or father is considered ethnically Egyptian under the law, and eligible for Egyptian citizenship upon request.

Ukrainian nationality law Body of law

Ukrainian nationality law is the law that governs the acquisition and loss of citizenship of Ukraine. This body of law includes the constitution, several treaties, and the Law on Citizenship of Ukraine. Key secondary legislation comprises the procedure, established by the president, for the authorities to decide on and record each case of acquisition or loss of citizenship. There also exists a body of administrative case law.

Romanian nationality law

The Romanian nationality law addresses specific rights, duties, privileges, and benefits between Romania and the individual. Romanian nationality law is based on jus sanguinis. Current citizenship policy in Romania is in accordance with the Romanian Citizenship Law, which was adopted by the Romanian Parliament on March 6, 1991, and the Constitution of Romania, which was adopted on November 21, 1991.

The nationality law of Bangladesh governs the issues of citizenship and nationality of the People's Republic of Bangladesh. The law regulates the nationality and citizenship status of all people who live in Bangladesh as well as all people who are of Bangladeshi descent. It allows the children of expatriates, foreigners as well as residents in Bangladesh to examine their citizenship status and if necessary, apply for and obtain citizenship of Bangladesh.

Azerbaijani nationality law

Azerbaijani nationality law is a nationality law which determines who is a citizen of Azerbaijan.

Algerian nationality law

The Algerian nationality law was first enacted in March 1963 after Algeria had achieved independence from France in July 1962.

Multiple/dual citizenship is a legal status in which a person is concurrently regarded as a national or citizen of more than one country under the laws of those countries. Conceptually, citizenship is focused on the internal political life of the country and nationality is a matter of international dealings. There is no international convention which determines the nationality or citizenship status of a person. This is defined exclusively by national laws, which can vary and conflict with each other. Multiple citizenship arises because different countries use different, and not necessarily mutually exclusive, criteria for citizenship. Colloquially, people may "hold" multiple citizenship but, technically, each nation makes a claim that a particular person is considered its national.

Thai nationality law

Thai nationality law includes principles of both jus sanguinis and jus soli. Thailand's first Nationality Act was passed in 1913. The most recent law dates to 2008.

Syrian nationality law

Syrian nationality law is the law governing the acquisition, transmission and loss of Syrian citizenship. Syrian citizenship is the status of being a citizen of the Republic of Syria and it can be obtained by birth or naturalization. The Syrian Nationality Law was enacted in 1969, by Legislative Decree 276.

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Further reading