The most important limit on State discretion imposed by international
human rights law in the area of naturalization is that any laws must not be
discriminatory. This prohibition is found in Article 2 of the UDHR, and is
given form in the ICCPR which requires that States apply the treaty without
distinction as to race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status.66 The CRC
contains a similar provision, and stipulates that the rights contained in the
Convention apply equally to all children without discrimination of any kind.
CEDAW provides that women must have the right to acquire nationality on the
same basis as men, while CERD specifically prohibits racial discrimination.
The prohibition against racial discrimination is also a jus cogens norm of
international law, and is particularly important in the area of naturalization,
where discrimination on this ground has historically occurred. Additionally,
Article 18 of the Convention on the Rights of Persons with Disabilities
explicitly outlines that all persons with disabilities have the right to acquire
and change a nationality, and must not be deprived of their nationality
arbitrarily or on the basis of disability.
Application
Most LAS member States provide for naturalization based on prolonged
residence of a specified number of years, though the length of time varies
greatly, ranging from five to thirty years. Lebanon may be seen as a good
practice as it has a law which allows for the acquisition of nationality by
foreigners who have lived in Lebanon for five consecutive years. A person
may apply for Lebanese nationality after this time without any additional
conditions.67
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