Outline of Regional Toolkit on Nationality Legislation
This Regional Toolkit on Nationality Legislation provides model provisions
for the various relevant areas of nationality law. Each provision is placed
within its international legal context, and relevant examples are provided
in order to illustrate the potential benefits that adoption of the provisions is
likely to entail. The provisions included in the Regional Toolkit on Nationality
Legislation should be viewed as an ideal which individual States may modify
according to their unique circumstances and legal system, while taking into
consideration international legal obligations. Taken together, the provisions
of the Regional Toolkit on Nationality Legislation are intended to be a
complete toolbox for States to draw on, according to their needs.
The provisions included in this Regional Toolkit on Nationality Legislation
provide guidance on the law relating to the acquisition, as well as the
withdrawal of nationality. There are three primary ways in which nationality
is conferred to individuals by States, namely, by birth on the territory (jus soli
or law of the soil), by descent or parentage (jus sanguinis or law of the blood),
or by naturalization. Nationality conferred according to the principles of jus
soli and jus sanguinis are the two most common methods by which States
provide for nationality at birth, model provisions related to both means of
acquiring nationality are included. In line with recent developments in the
region, the model provisions relating to the acquisition of nationality at birth
strengthen women’s nationality rights and gender equality in the conferral
of nationality, thereby enhancing the protection of women, children and
families in line with key international standards. A separate provision on
the conferral of nationality to foundlings, or children who are found in the
territory of a country with no identifiable parents, is included in this Regional
Toolkit on Nationality Legislation. The majority of LAS member States already
have provisions designed to protect foundlings, which reflects the particular
vulnerability of this group of people.
Though it does not confer nationality itself, birth registration is incorporated
in this Regional Toolkit on Nationality Legislation as it serves in practice as
important evidence of nationality. The Declaration on Belonging and Legal
Identity prioritizes universal birth registration in the region, reinforcing
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