Chile CHILDREN BORN TO PARENTS OF “TRANSIENT” STATUS nn As with most of the other countries in the Americas, Chile’s nationality law is founded on acquisition of nationality based on birth in the territory. An exception exists for children whose parents are diplomats of another country or who have the status of “transient foreigner;” such children may opt for nationality at majority. nn Administrative changes in Chilean law enlarged the definition of the “transient” category, preventing some children born in Chile from acquiring nationality automatically. However, the Supreme Court repeatedly ruled that the “transient” category was limited to children of tourists and crew members. nn In 2014, proposed changes to the law that would restrict acquisition of citizenship at birth were withdrawn after protests, and the Civil Registry confirmed the Supreme Court’s established definition. Any child who had been affected by the previous interpretations of the term “transient foreigner” could apply to have his or her situation rectified. CHILDREN BORN TO NATIONALS ABROAD nn Until 1980, children born to Chilean nationals abroad did not acquire Chilean nationality unless they or their parents established residence in Chile. nn In 1980, the requirement of a one-year residence period in Chile for all children born abroad was introduced. Upon restoration of democracy in Chile in 1990, many children of those exiled from the country during the military dictatorship protested at this exclusion. nn Major constitutional reforms in 2005 provided for automatic acquisition of nationality by a child born abroad, provided that at least one parent or grandparent acquired nationality by birth in Chile or through naturalization. Children born to parents of “transient” status As in most of the other countries in the Americas, Chile’s nationality law is founded on acquisition of nationality based on birth in the territory. Article 10(1) of the 1980 Constitution provides that Chilean nationality is granted to: “Those born in the territory of Chile, with the exception of those children of foreigners who are in Chile in the service of their Government, and those children of transient foreigners, all of whom, however, may opt for Chilean nationality.”80 The implementing decree provides that this option is made by declaration within one year of reaching the age of 21 years.81 80 Chile has a distinction between nationality (nacionalidad), used for the legal link to the state, and citizenship (ciudadania) which provides the rights to participate in politics and vote. 81 Decree No. 5.142 of 1960, Art.10. Although revised in 1981, Decree 5.142 still refers to the citizenship provisions of the 1925 Constitution, creating some room for confusion. 19 CAMPAIGN TO END STATELESSNESS WITHIN 10 YE ARS