Natural-born-citizen clause

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Countries where the president must be a natural-born citizen Countries where the president is always a natural-born citizen.svg
Countries where the president must be a natural-born citizen

A natural-born-citizen clause is a provision in some constitutions that certain officers, usually the head of state, must be "natural-born" citizens of that state, but there is no universally accepted meaning for the term natural-born. The constitutions of a number of countries contain such a clause but may define or interpret the term natural-born citizen differently. Many countries specify citizenship since birth as a requirement to hold certain offices. This is often described using the natural born phraseology and sometimes further qualified as requiring physical birth within the country's territory ( jus soli ) and/or requiring that one or both natural parents be a citizen of the country at the time of birth ( jus sanguinis ).

Contents

Nations that have the requirement

Africa

Angola

Article 110 of the 2010 Constitution provides that "Natural born Angolan citizens of over 35 years of age, living in the country for the last 10 years, and enjoying full civil and political rights shall be eligible to the post of President of the Republic." [1]

Ghana

According to Chapter 8, Article 62 of the 1992 Constitution of Ghana, a person shall not be qualified for election as the president of Ghana unless that person is a citizen of Ghana by birth.

Kenya

The person to be elected as president should be a Kenyan citizen by birth. [2]

Liberia

To be eligible for office under the Liberia Constitution, a presidential candidate must:

  • be a natural born citizen of Liberia" (per Art, 27)(b) of the Constitution; citizenship is limited to "persons who are Negroes or of Negro descent".

Nigeria

Chapter VI, Part I, Section 131 of the constitution states that a person may be qualified for election of the office of the president if they are a citizen of Nigeria by birth. [3]

Uganda

Qualifications of the President according to Constitution of Uganda. (Article 102) A person to qualify for election as president must be— (a) a citizen of Uganda by birth; (b) not less than thirty-five and not more than seventy-five years of age; and (c) qualified to be a member of Parliament. [4] [5] [6]

Asia

Indonesia

According to the Article 6 of the 1945 Indonesia constitution, presidential and vice presidential candidates must have been citizens since birth who have never voluntarily acquired another citizenship. [7]

Philippines

Article VII, Section 3 of the 1987 Constitution provides that no person may be elected president unless "he or she is a natural-born citizen of the Philippines".

Syria

A new constitution was approved in February 2012. [8] Article 84 of Syria's 2012 constitution requires that candidates for the presidency must: [9]

  1. Be Syrian by birth, of parents who are Syrians by birth

Turkmenistan

Requirements for candidates for president of Turkmenistan include the following: [10]

  • Must have been born in Turkmenistan
  • Must be fluent in the Turkmen language
  • Must have resided in Turkmenistan for the past 15 consecutive years

Europe

Albania

As of Article 89 of the Albanian Constitution sets the following qualifications for holding the presidency, to be a natural-born citizen of the Albanian Republic, to be at least forty years old and to be a resident in the Republic of Albania for at least ten years. [11] [12]

Belarus

In order to be able to run for office, a candidate must be a Belarusian citizen by birth that is over thirty-five years old. The candidate must also have resided within the republic for ten years and able to cast a ballot legally. The provisions are set down in Article 80 of the Constitution. [13]

Finland

According to the first paragraph of Section 54 of the Finnish Constitution, "The President shall be a native-born Finnish citizen." [14] [15] [16]

North America

Costa Rica

According to Article 131 of the Constitution, the president and vice presidents of the Republic must be Costa Rican by birth and citizens in exercise.

Honduras

To be eligible to run for president in Honduras, the candidate is required to be a natural-born Honduran.

Mexico

The constitution of Mexico requires the candidate to be natural-born citizen of Mexico with at least one parent who is a natural-born citizen of Mexico. The person should be at least 35 years of age and should have resided in Mexico for at least 20 years in his entire lifetime and for the entire year before the election. The person should not be a secretary or under-secretary of state, attorney general, or governor of a state at least 6 months prior to the election. [17]

United States

The president and vice president must be a natural-born citizen of the United States, at least 35 years old, and have been a resident of the United States of America for at least 14 years.

South America

Argentina

Article 89 of the Argentine Constitution establishes the requirements for becoming president. The President must be a natural-born citizen of the country.

Brazil

Article 14, paragraph 3 of the Constitution requires a candidate to be: [18]

  • Born in Brazil, or a native citizen.
  • Eligible to vote.
  • Registered to vote.
  • Living in electoral district.
  • Member of a political party.
  • Minimum age of 35.

Chile

The Constitution of 1980 and its 2005 amendment establishes the requirements for becoming president. The president must be a natural-born citizen of the country, or else born overseas when one of his or her parents or grandparents is a Chilean national. The president must also be at least 35 years old. [19]

Colombia

Colombian Constitution of 1991 Article 191: states that the president must be a natural born citizen of Colombia and at least 30 years of age. [20]

Ecuador

The Ecuadorian constitution of 2008 states in Art. 142.- The President of the Republic must be Ecuadorian by birth, have reached thirty-five years of age on the date of registration of his candidacy, be in enjoyment of political rights and not be subject to any of the disabilities or prohibitions established in the Constitution.

Uruguay

The Constitution amendment establishes the requirements for becoming president. Article 151 establishes that the President must be a natural-born citizen of the country, or have been born to an Uruguayan citizen if born abroad. The President must also be at least 35 years old and be registered in the National Civic Registry. [21]

Venezuela

According to articles 227 and 229 of the Constitution of Venezuela, adopted in 1999, the following requirements must be met in order to become President of Venezuela: [22]

  • Being a Venezuelan citizen from birth and possessing no other nationality.

See also

Related Research Articles

<span class="mw-page-title-main">Naturalization</span> Process by which a non-national in a country acquires after birth the nationality of that country

Naturalization is the legal act or process by which a non-national of a country acquires the nationality of that country after birth. The definition of naturalization by the International Organization for Migration of the United Nations excludes citizenship that is automatically acquired or is acquired by declaration. Naturalization usually involves an application or a motion and approval by legal authorities. The rules of naturalization vary from country to country but typically include a promise to obey and uphold that country's laws and taking and subscribing to an oath of allegiance, and may specify other requirements such as a minimum legal residency and adequate knowledge of the national dominant language or culture. To counter multiple citizenship, some countries require that applicants for naturalization renounce any other citizenship that they currently hold, but whether this renunciation actually causes loss of original citizenship, as seen by the host country and by the original country, will depend on the laws of the countries involved. Arguments for increasing naturalization include reducing backlogs in naturalization applications and reshaping the electorate of the country.

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

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, it 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.

<span class="mw-page-title-main">President of Kenya</span> Head of state and government of Kenya

The president of the Republic of Kenya is the head of state and head of government of the Republic of Kenya. The president is also the head of the executive branch of the Government of Kenya and is the commander-in-chief of the Kenya Defence Forces. The country's current president is William Ruto since 13 September 2022.

Age of candidacy is the minimum age at which a person can legally hold certain elected government offices. In many cases, it also determines the age at which a person may be eligible to stand for an election or be granted ballot access.

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. In law, nationality describes the relationship of a national to the state under international law and citizenship describes the relationship of a citizen within the state under domestic statutes. Different regulatory agencies monitor legal compliance for nationality and citizenship. 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.

<span class="mw-page-title-main">Italian nationality law</span>

Italian nationality law is the law of Italy governing the acquisition, transmission and loss of Italian citizenship. Like many continental European countries it is largely based on jus sanguinis. It also incorporates many elements that are seen as favourable to the Italian diaspora. The Italian Parliament's 1992 update of Italian nationality law is Law no. 91, and came into force on 15 August 1992. Presidential decrees and ministerial directives, including several issued by the Ministry of the Interior, instruct the civil service how to apply Italy's citizenship-related laws.

<span class="mw-page-title-main">Portuguese nationality law</span>

The primary law governing nationality of Portugal is the Nationality Act, which came into force on 3 October 1981. Portugal is a member state of the European Union (EU) and all Portuguese nationals are EU citizens. They are entitled to free movement rights in EU and European Free Trade Association (EFTA) countries and may vote in elections to the European Parliament.

<span class="mw-page-title-main">Austrian nationality law</span>

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<span class="mw-page-title-main">Bulgarian nationality law</span>

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<span class="mw-page-title-main">Romanian nationality law</span>

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.

<span class="mw-page-title-main">Moldovan nationality law</span>

Moldovan nationality law dates back to June 2, 2000 and has been amended several times, with the latest modifications being made in 2014. It is based on the Constitution of Moldova. It is mainly based on Jus sanguinis.

<span class="mw-page-title-main">Uruguayan nationality law</span>

Uruguayan nationality law is based on the principle of Jus soli and a limited form of Jus sanguinis. The Uruguayan Constitution does not use the word "national" in defining those inhabitants (habitantes) of Uruguay. Those inhabitants are described as "natural citizens" and "legal citizens" in Article 73 of the Constitution. According to Article 74, natural citizens are born in the territory of Uruguay and the children of natural citizens, wherever those children are born. In Article 75, the steps to become a legal citizen are set forth. In terms of the text of the Constitution, the term national is only introduced in the Constitution in Article 81. Article 81 states that, "Nationality is not lost by being naturalized in another country, to recover the exercise of the rights of citizenship, it is enough to come to the Republic (avecinarse) and register in the Civic Registry." Further, a second clause in Article 81 provides, "Legal citizenship is lost by any other form of subsequent naturalization."

<span class="mw-page-title-main">Lebanese nationality law</span>

Lebanese nationality law governs the acquisition, transmission and loss of Lebanese citizenship. Lebanese citizenship is the status of being a citizen of Lebanon and it can be obtained by birth or naturalization. Lebanese nationality is transmitted paternally. Therefore, a Lebanese man who holds Lebanese citizenship can automatically confer citizenship to his children and foreign wife. Under the current law, descendants of Lebanese emigrants can only receive citizenship from their father and women cannot pass on citizenship to their children or foreign spouses.

<span class="mw-page-title-main">Nationality law of North Macedonia</span>

The Nationality law of North Macedonia is governed by the Constitution of the Republic of North Macedonia of 1991 and the Law on Citizenship of the Republic of North Macedonia of 1992. The citizenship of North Macedonia is based primarily on the principle of Jus sanguinis. In other words, one usually acquires citizenship of North Macedonia if a parent is a national of North Macedonia, irrespective of place of birth.

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<span class="mw-page-title-main">Thai nationality law</span>

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<span class="mw-page-title-main">Albanian nationality law</span>

Albanian nationality law is based on a mixture of the principles of Jus sanguinis and Jus soli. In other words, both place of birth and Albanian parentage are relevant for determining whether a person is an Albanian citizen. It is regulated by the "Law on Albanian Citizenship". In some circumstances citizenship is granted to children born in Albania to non-Albanian parents. This is not the case where parents are temporary or short-term visitors. As suggested by the United Nations and Council of Europe, all efforts are made in order to avoid statelessness.

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.

References

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  2. "14. Citizenship by birth - Kenya Law Reform Commission (KLRC)". www.klrc.go.ke. Retrieved 2020-09-02.
  3. "CONSTITUTIONAL REQUIREMENTS FOR CONTESTING ELECTIONS: OFFICE OF THE PRESIDENCY". 17 October 2014. Retrieved 2020-05-25.
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  6. Helplinelaw. "Uganda". www.helplinelaw.com. Retrieved 2022-02-16.
  7. The 1945 Constitution of The Republic of Indonesia  via Wikisource.
  8. MacFarquhar, Neil; Cowell, Alan (February 27, 2012). "Syrians Said to Approve Charter as Battles Go On". The New York Times.
  9. "Syrian Arab Republic's Constitution of 2012" (PDF). ConstituteProject.org. February 26, 2012. Retrieved June 19, 2017.
  10. "Законодательство - «Туркменистан: золотой век»". Archived from the original on 5 August 2012.
  11. "KUSHTETUTA E REPUBLIKËS SË SHQIPËRISË" (PDF). wipo.int (in Albanian). p. Article 86.2.
  12. "1998 CONSTITUTION OF THE REPUBLIC OF ALBANIA". osce.org . p. 17. Only an Albanian citizen by birth who has resided in Albania for not less than the past 10 years and who has reached the age of 40 may be elected President.
  13. Webportal of the President of the Republic of Belarus Section Four of the Constitution Archived December 17, 2007, at the Wayback Machine . Published 1994, amended in 1996. Retrieved June 7, 2007.
  14. "The Constitution of Finland 731/1999" (PDF). Finlex - a database of Finnish legislation. Retrieved 19 July 2021.
  15. "The President of the Republic of Finland: Position and Duties: Election of the President". www.presidentti.fi. Retrieved 2022-02-16.
  16. "Elections and voting in Finland". www.infofinland.fi. Retrieved 2022-02-16.
  17. "¿Ser presidente de México es complicado? Estos son los requisitos". Milenio (in Spanish). Mexico City. 2020-08-13. Retrieved 2021-05-26.
  18. "Brazil - Constitution" . Retrieved 2009-01-19.
  19. "Chile Abroad:Embassies, Consulates and Multilateral Missions of Chile". Archived from the original on 24 July 2016. Retrieved 17 July 2016.
  20. "Requisitos para ser candidato presidencial" (in Spanish).
  21. "Constitución de la República Oriental del Uruguay". www.impo.com.uy. Retrieved 1 May 2020.
  22. Constitution of the Bolivarian Republic of Venezuela, Chapter 11 – National Executive Power