Accordingly, the American Convention not only recognizes nationality as a human
right, but creates a safeguard for children who would otherwise be stateless, by requiring
the state in which the child is born to grant nationality based on jus soli. Furthermore,
by ensuring the right to change nationality and prohibiting arbitrary deprivation of
nationality, the American Convention establishes limits to the states’ discretion.55
Eight years after the adoption of the ACHR and a year before it came into force,
the Inter-American Commission issued the Third Report on the Situation of Human
Rights in Chile, which took a robust interpretation of nationality rights:
This right [to nationality] is properly considered to be one of the most important
rights of man, after the right to life itself, because all the prerogatives, guarantees
and benefits man derives from his membership in a political and social community—the State—stem from or are supported by this right. Because of its unique
nature, there is almost no country in the world where the law uses or applies
loss of nationality as a penalty or sanction for any kind of crime, much less for
activities of a political nature.
It is generally considered that since nationality of origin is an inherent attribute of
man, his natural right, and is not a gift or favor bestowed through the generosity
or benevolence of the State, the State may neither impose it on anyone by force,
nor withdraw it as punishment or reprisal.56
The Commission further noted that nationality rights protected interstate
relations:
The deprivation of nationality ... always has the effect of leaving a citizen without
a land or home of his own, forcing him to take refuge in an alien country. That
is, it inevitably impinges on another jurisdiction, and no state may take upon
itself the power to adopt measures of this sort. … The Commission believes that
this penalty—anachronistic, outlandish and legally unjustifiable in any part of
the world—is a thousand times more odious and reprehensible when applied in
our own Americas, and should forever be banned from being applied by governments everywhere.57
The Inter-American Court of Human Rights defined nationality in an advisory
opinion in 1984:
The political and legal bond that links a person to a given state and binds him
to it with ties of loyalty and fidelity, entitling him to diplomatic protection from
that state.58
BORN IN THE AMERICAS
31
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