SAVICKIS AND OTHERS v. LATVIA JUDGMENT
3. The case-law of the Inter-American Court of Human Rights
74. In Proposed Amendments to the Naturalisation Provision of the
Constitution of Costa Rica (Advisory Opinion OC-4/84, 19 January 1984),
the Inter-American Court of Human Rights ruled as follows:
“31. The questions posed by the Government involve two sets of general legal
problems which the Court will examine separately. There is, first, an issue related to
the right to nationality established by Article 20 of the Convention. A second set of
questions involves issues of possible discrimination prohibited by the Convention.
32. It is generally accepted today that nationality is an inherent right of all human
beings. Not only is nationality the basic requirement for the exercise of political rights,
it also has an important bearing on the individual’s legal capacity.
Thus, despite the fact that it is traditionally accepted that the conferral and regulation
of nationality are matters for each state to decide, contemporary developments indicate
that international law does impose certain limits on the broad powers enjoyed by the
states in that area, and that the manners in which states regulate matters bearing on
nationality cannot today be deemed within their sole jurisdiction; those powers of the
state are also circumscribed by their obligations to ensure the full protection of human
rights.
33. The classic doctrinal position, which viewed nationality as an attribute granted
by the state to its subjects, has gradually evolved to the point that nationality is today
perceived as involving the jurisdiction of the state as well as human rights issues. This
has been recognized in a regional instrument, the American Declaration of the Rights
and Duties of Man of 2 May 1948 ... [text of Article 19]. Another instrument, the
Universal Declaration of Human Rights ... provides the following [text of Article 15].
34. The right of every human being to a nationality has been recognized as such by
international law. Two aspects of this right are reflected in Article 20 of the Convention:
first, the right to a nationality established therein provides the individual with a minimal
measure of legal protection in international relations through the link his nationality
establishes between him and the state in question; and, second, the protection therein
accorded the individual against the arbitrary deprivation of his nationality, without
which he would be deprived for all practical purposes of all of his political rights as
well as of those civil rights that are tied to the nationality of the individual.
35. Nationality can be deemed to be the political and legal bond that links a person
to a given state and binds him to it with ties of loyalty and fidelity, entitling him to
diplomatic protection from that state. In different ways, most states have offered
individuals who did not originally possess their nationality the opportunity to acquire it
at a later date, usually through a declaration of intention made after complying with
certain conditions. In these cases, nationality no longer depends on the fortuity of birth
in a given territory or on parents having that nationality; it is based rather on a voluntary
act aimed at establishing a relationship with a given political society, its culture, its way
of life and its values.
36. Since it is the state that offers the possibility of acquiring its nationality to persons
who were originally aliens, it is natural that the conditions and procedures for its
acquisition should be governed primarily by the domestic law of that state. As long as
such rules do not conflict with superior norms, it is the state conferring nationality
which is best able to judge what conditions to impose to ensure that an effective link
exists between the applicant for naturalization and the systems of values and interests
of the society with which he seeks to fully associate himself. That state is also best able
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