Mai Kaneko-Iwase, Ph.D. (Law)
Article 2 (2) ‘The following persons are Peruvians by birth (…) Minors [Los
menores de edad] in a state of abandonment, residing in the territory of the Re(6) Peru
public, who are sons or daughters of unknown parents.’ Ley N° 26574 - Ley de
la nacionalidad, 11 January 1996 <https://leyes.congreso.gob.pe/documentos/
Leyes/26574.pdf>
Article 13.3 states ‘A child who is found in the Russian Federation and whose
parents are unknown acquires citizenship of the Russian Federation by birth if,
within six months from the date of his discovery, it is not established that she
or he has citizenship of the Russian Federation or citizenship (nationality) of a
(7) Russian
foreign state.’
Federation
Article 4.1(12) on the basic concepts provides that a ‘“Child” means a person under the age of 18’. Federal Law of 28 April 2023 N 138-FZ on Citizenship of the Russian Federation <http://publication.pravo.gov.ru/Document/
View/0001202304280013?index=22>
Article 17(1)(d) of the Civil Code of Spain states ‘The following persons are
Spanish nationals of origin: (..). d) Those born in Spain whose parentage is not
determined. To these effects, minors [los menores de edad] whose first known
(8) Spain
place of stay is Spanish territory are presumed to have been born in the Spanish territory.’ Real Decreto de 24 de julio de 1889 por el que se publica el Código Civil <https://www.boe.es/eli/es/rd/1889/07/24/(1)/con>
Article 5 of Sudan’s nationality law states ‘A person shall be Sudanese by
birth until the contrary is proved, if found as a deserted minor of unknown
parents.’ Article 3 defines ‘minor’ as ‘In this act, unless the context otherwise
requires:(...)’. “Minor” means any person who has not attained the age of ma(9) Sudan
jority.’ Article 3 of the same law also states ‘(...) a person reaches the age of
majority if he has completed eighteen years[...].’) The Sudanese Nationality Act
1994 and Sudanese Nationality Act (Amendment) 2011 and 2018, 30 December 2018, < https://www.refworld.org/docid/503492892.html>
Article 3 of Switzerland’s nationality law states ‘(1)A minor child of unknown parentage who is found [L’enfant mineur] in Switzerland acquires citizenship rights
(10) Switzerof the canton in which he or she was found, and thus acquires Swiss citizenland
ship.(…)’. Swiss Citizenship Act of June 20, 2014 <https://www.fedlex.admin.ch/
eli/cc/2016/404/de>.
By Interpretation (Info available that ‘child’ in foundling provision is interpreted to mean
‘minor’)
Article 20 of the nationality law states ‘A child on the territory of the Republic of
Armenia whose parents are unknown is a citizen of the Republic of Armenia.
(…).’ Law of 1995 on Citizenship of the Republic of Armenia <http://www.parliament.am/legislation.php?sel=show&ID=1731&lang=eng>
Article 1 of the Armenia’s child rights law states ‘(…) Each person which did not
(sic) reach 18 years is considered the child, except as specified, when in the
(1) Armenia
procedure established by the law it acquires capacity to act or acknowledged
capable earlier.’ Law of the Republic of Armenia about the Child’s Rights of 31
May 1996 No. ZR-59) <https://cis-legislation.com/document.fwx?rgn=3037>.
According to the email from Susanna Grigoryan, Assistant Protection Officer,
UNHCR Armenia to the author on 22 August 2022, the definition of the term
child in this law is applicable to the term ‘child’ in the nationality law.
31
Robert Schuman Centre for Advanced Studies