•
Bureaucracy: How quickly competent authorities reach decisions to determine
nationality when it is contested.
•
Review: The relative strength of judicial oversight of citizenship determination
processes.
Marc Morjé Howard’s Citizenship Policy Index6 constitutes the second methodological model. This index examines citizenship policies in Europe across three factors,
two of which the current study used: whether or not the country grants nationality
through jus soli provisions either automatically or through declaration, and residency
requirements (e.g., minimum length of stay) for naturalization. These were used when
analyzing existing case law in the focal countries.
The third model uses the report No Child Should Be Stateless by the European
Network on Statelessness.7 The research template and questionnaires that the report’s
authors8 developed to gather information for the European country profiles served as a
guide to draft the questionnaires for this study, particularly questions designed to assess
each country’s practical and administrative barriers to accessing the right to nationality.
Finally, Bronwen Manby’s book Struggles for Citizenship in Africa9 served as an
inspiration for the themes and issues addressed during the research activities of this
study as well as in the drafting of the final report. While Manby covered a larger number
of countries, most of which have citizenship regimes dominated by jus sanguinis, her
book nonetheless provides a model for case studies of the practice of statelessness and
citizenship discrimination in specific countries.
Research Methods
The existing literature and data on nationality frameworks is based on methodologies
that measure how flexible or restrictive legal provisions are, but fail to examine the
implementation of those provisions. Only n a few cases, particularly with regard to naturalization procedures or birth registration, do extant studies examine certain aspects of
the implementation of these norms. Currently there is no methodology strictly focused
on assessing the implementation of nationality laws. The current study’s research methods are intended to illuminate patterns of state practice. Most research methods used
for this report were aimed at obtaining qualitative data; however, quantitative data were
also requested from the authorities in order to determine whether and how states were
monitoring issues related to nationality, statelessness, documentation of identity, and
populations of concern. Some of the methodologies described below have been used to
analyze nationality legal frameworks in Europe and Africa; these served as guidelines
for the themes this study’s interviews and questionnaires should address.
BORN IN THE AMERICAS
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