International and Regional Legal Framework
The right to belonging and legal identity are firmly recognized in international
law. Belonging is a positive framing of the implementation of the principle
of non-discrimination, recognized in the UDHR and also subsequent human
rights law.3 Legal identity is the recognition of a person before the law and
includes the right to a name, nationality and family relations, as equally
stipulated in relevant international law and frameworks.4 Nationality is an
essential part of belonging and legal identity and brings these concepts
together.
Nationality is the legal bond between a person and a State, which gives rise to
rights and obligations both on the part of the national and the State. Though
in some areas the words ‘national’ and ‘citizen’ represent different concepts,
for the purpose of this document, the terms will share the same meaning.
Nationality laws refer to the set of rules that govern when an individual may
acquire, change and retain one’s nationality. Nationality law is essentially a
domestic function, but with consequences in international law.5 Each State
has the power to determine the precise circumstances under which an
individual may be granted nationality, and accordingly, when nationality may
be withdrawn.6 However, as stated by the Universal Declaration of Human
Rights, everyone has a ‘right to nationality’ and no one shall be arbitrarily
deprived of their nationality, or denied the right to change one’s nationality.7
As such, and with the development of international human rights law, States
general discretion to establish rules governing nationality must be exercised
within the parameters of relevant international obligations. Relevant
international standards should also be taken into account.
Rights associated with the possession of a nationality in almost all countries
include the unconditional right to enter and reside permanently in the territory
and to return to it from abroad, the right to receive protection from the State
of nationality within and outside the territory, including access to consular
assistance and diplomatic protection, the variety of political rights relating to
active and full membership of the State, and rights to economic, social and
cultural protection.8 However, these rights are not necessarily restricted to
those who are citizens of a particular State. For example, the right to leave
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