Are there any regional treaties that address the right
to a nationality?
Regional instruments reinforce the legal basis of the
right to a nationality. Article 20 of the 1969 American
Convention on Human Rights not only refers to the right to
a nationality, but also includes a key safeguard to prevent
children from becoming stateless at birth:
“Every person has the right to a nationality. Every
person has the right to the nationality of the State
in whose territory he was born if he does not have
the right to any other nationality. No one shall be
arbitrarily deprived of his nationality or of the right
to change it.”
These principles have subsequently been upheld by the
jurisprudence of the Inter‑American Court. While the Court
has confirmed that the conditions under which nationality
is granted remain within the domestic jurisdiction of the
State, the Court also found that:
“Despite the fact that it is traditionally accepted
that the conferral and recognition of nationality are
matters for each State to decide, contemporary
developments indicate that international law does
impose certain limits on the broad powers enjoyed
by the States in that area and that the manner in
which States regulate matters bearing on nationality
cannot today be deemed to be within their sole
jurisdiction.” (Inter‑American Court on Human
Rights, Advisory Opinion, “Amendments to the
Naturalization Provision of the Constitution of Costa
Rica,” paragraphs 32-34; text in 5 HRLJ 1984).
“Sometimes I hate
myself. I feel like I am not
a human being. I can’t
handle it. My friends
can live a natural life.
I can’t. My dream to
own a car, I can’t have
it. Even if I have the
money to buy it, it would
never be registered in
my own name. I dream
of getting married, but
one man has turned me
down because I don’t
have a citizenship. I feel
like a prisoner. Lebanese
papers are worth more
than gold, you can pay
millions but still not get
them. It’s hard for me to
see Lebanese girls who
have nationality and
their papers, especially
when they’re not taking
advantage of their status
as they could – studying,
working, fulfilling the
dreams I wish I could
achieve, but can’t.”
Zeinab, a stateless woman
living in Lebanon
In other words, States must take into consideration the
international repercussions of their domestic nationality
legislation, particularly if the application of that legislation
may result in statelessness.
The ECN, a regional instrument drafted by the Council
of Europe, was born out of the perceived need to create
a single text that consolidated all the developments in
domestic and international law regarding nationality since
the 1930 Hague Convention addressed the issue of
conflicts of nationality laws. In contrast to older treaties
adopted in Europe, it also allows for the acquisition of
multiple nationalities for married persons of different
nationalities and their children. The ECN also covers
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