CChapter 3: Comparative analysis of nationality laws
is unfortunate to see that abandoned children are
protected from statelessness while other children
born in the state may be left without a nationality (in
some cases even if their mother holds the country’s
nationality), although the right to a nationality is a
fundamental entitlement of all children.
3.2 Acquisition of nationality by
naturalisation
Besides acquisition of nationality at birth, the other
major route to becoming a national is through
naturalisation. This is a procedure that is initiated
through an application by the individual seeking
nationality, usually in adulthood, leading to the
conferral of nationality by the state if all prescribed
conditions are met – in principle. In the context
of most naturalisation procedures, the relevant
authorities of the state enjoy the discretion to decline
an application even if the basic requirements have
been satisfied. How wide this margin of discretion
is will vary from state to state, sometimes having a
significant impact on an individual’s real prospects
of naturalisation. Nevertheless, the starting point for
the question of when a person is eligible to naturalise
is the set of criteria outlined within the nationality
law which form the minimum benchmark that a
prospective applicant must meet. In the sections
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