Statelessness Working Paper Series No. 2017/03 laws of the parents’ country of birth follow the doctrine of jus sanguinis— does not suffice; a concrete, material opportunity to effectively acquire such a nationality is required. As mentioned before, in Chile, nationality rights are enshrined in Art. 10 of the Constitution, which states that nationality shall extend to “(1) All persons born in Chile, except the children of foreign diplomats and transient foreigners […].” Through 1995, Chile's Ministry of the Interior considered that the situation of ‘transient foreigners’ was associated to a temporary residence in the country, and thus, to be deemed a Chilean national, a locally born child’s parents needed at least a year’s residence in Chile prior to his or her birth. In 1995 this constitutional interpretation was changed to include in the CTF class all children born in the territory, whose parents were in an irregular migratory status at the time of their birth, irrespective of the length or intent of their presence in the country. The Ministry’s directive containing the new guidelines cited “[T]he need to clarify what the Constitution means by “transient foreigners”, pending adoption of new legislation. Based on the natural, obvious interpretation of its meaning, the concept is to be construed as encompassing all foreign visitors, such as tourists and crew members, as well as persons with an irregular migratory status in Chile”.12 Per the new guidelines, the Civil Registry issued a series of instructions to local registrars on the new requirements and procedures for recording the birth of children of ‘transient foreigners’, notably parents with an irregular migratory status in the country.1314 Registration as CTF effectively denies the right to nationality and the rights dependent on nationality owed to all children born in Chile and consequently has limited the access to various other fundamental rights, including the right to education, to health, and principally, to preserve one’s identity. As many are unable to obtain another nationality, such as their parents’, should Chilean nationality be denied, they remain at risk of statelessness for years, some for life. Denial of nationality contingent/dependent on parental immigration status violates fundamental tenets of the human rights protection system, including non-discrimination, the best interest of the child, and the right to an identity15. In this regard, international treaty monitoring bodies have asserted on numerous occasions that human rights are universal in nature and that their exercise is to be guaranteed irrespective of nationality, immigration, or other status.16 The 1995 nationality instructions clashed with the opinion of the Chilean Supreme Court, as articulated in numerous nationality claims filed in recent years. Furthermore, denial of nationality rights also precluded parental applications for legal residence based on family ties with a Chilean national, as allowed under the law. 3. Progress in Access to a Nationality Through 2015 does not, of itself, constitute nationality’ … The Court understands that the observations of the expert witness are appropriate also for the examination of State obligations under Articles 1(1) and 20 of the American Convention.” Id., p. 105, note 344. 12 Ministry of the Interior Memorandum No. 6241 of October 25, 1995. 13 Circular DG No. 51/95 of October 26, 1996; Circular DG No. 05/96 of April 14, 1996; Circular DG No. 28/96 of July 23, 1996; Ordinario No. 735 of October 21, 1999; Circular DN No. 20/99 of October 22, 1999; Circular DN No.20/08 of October 1, 2008; and Circular DN No.18/09 of May 7, 2009. 14 Research conducted during 2016 within #Chilereconoce project, conclude that at least 4000 people ha ve been registered as CTF in Chile. 15 Inter-Am. Ct. H.R. Case of the Girls Yean and Bosico v. Dominican Republic, judgment of September 8, 2005. Series C No. 130. 16 Id. 3