Chapter 2: SAMPLE CASE ANALYSIS
Section 1: Categories of persons whose statelessness or risk of
statelessness arose while in Japan
Category A [Conflict of laws] Persons who did not acquire by birth the nationality of
their parents or the nationality of their country of birth due to conflict of laws (Sample
cases from Paraguay and Myanmar)
Category A is statelessness that is caused by the fact that the nationality law of the country
of nationality of the parents adopts a strict jus soli principle or a paternal and maternal jus
sanguinis principle.
< Case 1 > Paraguay is a State which adopts a strict jus soli principle; therefore, a child born
in Japan from Paraguayan parents cannot obtain Paraguayan nationality by birth. On the
other hand, the child cannot obtain Japanese nationality by birth either, and there are cases
where such children become stateless.
< Case 2 > Myanmar adopts a strict paternal and maternal jus sanguinis principle; a child
cannot obtain Myanmar nationality by birth if only one of the parents is a Myanmar
national. At the same time, the child cannot obtain Japanese nationality by birth either, and
there are cases where such children become stateless.
1. < Case 1 > Children born in Japan from parents with Paraguayan nationality
(1) Case summary
A was born in 2001, and B was born in 2003, both in Japan from second-generation
Japanese parents with Paraguayan nationality.81 A, B, and their parents live in Japan with
the status of permanent residents.
The (former) alien registration certificates of A and B, who were born in Japan, showed
“Paraguay��� as their nationality. When the alien registration certificates were replaced by
foreigner residence cards,82 they also showed “Paraguay” as their nationality. However,
81
The facts of Case 1 are based on a hearing of A and B’s parents and their counsel on 22 March 2016.
A and B’s grandparents are Japanese nationals who migrated from Japan to Paraguay with A and B’s
great-grandfather and others after World War II.
82
On the relations between the former Alien Registration System and the current Residency
Management System, see Chapter 1, Section 2, 2(1) of this report.
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