Agreement On Child`s Nationality

April 7th, 2021

Ius soli food are sometimes divided into ius soli at birth and ius soli after birth. Footnote 15 We want to show that a real rule of soli ius works immediately at birth. The use of the term “ius soli” after birth is useful insofar as it emphasizes that the birth on the territory of a state may be important to facilitate access to the nationality of the country of birth. But it does not confer a birthright as such. Access to nationality is often subject to compliance with one or more additional conditions, such as the . B of a fixed period of stay in possession of a residence permit. Footnote 16 The fact that the child`s acquisition of a parent`s nationality at birth abroad is subject to registration as a national at the request of a parent is also problematic. The first question is whether a state has the right to provide that only the national parent can apply for such registration. A negative response seems appropriate.

Footnote 26 If the parentage is established against the will of the parent concerned, it may be tempting not to register the child in order to prevent the child from complying with the state concerned. Both the 1961 Convention on the Reduction of Statelessness and the European Convention on Nationality impose the transfer of nationality to children born to children if they were stateless, and the SCR states that the child`s right to nationality should be implemented, particularly if the child was stateless. However, many countries still do not protect all children born on their territory from statelessness, for example by subjecting the child`s right to nationality to the status of their parents or their legal stay. While gender discrimination in nationality law has been eliminated in most countries since the 1970s, it remains widespread in the Middle East and North Africa (MENA). According to Albarazi, “more than half of the 25 countries in the world where women cannot give their children their nationality on an equal footing are in the MENA region.” Footnote 36 The UN High Commissioner for Refugees (UNHCR) makes the following subdivision, note 37, confirmed by country analyses of the GLOBALCIT database: For countries across Europe to effectively combat statelessness of children and ensure that no child is born or raised in Europe without nationality, action is needed. Footnote 33 It has already been mentioned that ancestry should not depend on how this ancestry is established for nationality and whether or not the ancestry reflects biological truth. In this sense, it seems justified to present adoption as a subcategory of parentage and, for this reason, as a case of acquisition of nationality by ius sanguinis. However, there are three reasons for the conclusion that it is preferable to have a separate debate on adoption. First, not all adoptions replace parental parenting with parental ties with adoptive parents. Second, special attention must be paid to incorrect adoption procedures, i.e. cases where a child resided in a particular state for adoption but the adoption had not yet been completed.

Third, in the case of inter-adoption, most adopted children are born abroad. Footnote 34 For these reasons, we will not pay more attention to the acquisition of nationality through adoption in this article. provide that children born on their territory who would otherwise be stateless acquire their nationality on a condition other than the legal and habitual residence of a parent; Article 7 provides for the right of children to know and be cared for by their parents immediately after birth, on their name, nationality and, where possible, by their parents.

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