[Home]History of European Convention on Nationality

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Revision 2 . . November 14, 2001 6:29 pm by Simon J Kissane
Revision 1 . . November 14, 2001 4:33 pm by Simon J Kissane [more to come....]
  

Difference (from prior major revision) (no other diffs)

Added: 6a7
Article 6 relates to the acquisition of nationality. It provides for nationality to be acquired at birth by descent from either parent to those born within the territory of the state. (States may exclude partially or fully children born abroad). It also provides for nationality by virtue of birth in the territory of state; however states may limit this only to children who would be otherwise stateless. It requires the possibility of naturalisation, and provides that the period of residence required for eligibility cannot be more than ten years lawful and habitual residence. It also requires to "facilitate" the acquisition of nationality by certain persons, including spouses of nationals, children of its nationals born abroad, children one of whose parents has acquired the nationality, children adopted by a national, persons lawfully and habitually resident for a period before the age of eighteen, and stateless persons and refugees lawfully and habitually resident on its territory.

Added: 7a9,11
Article 7 regulates the involuntary loss of nationality. It provides that states may only deprive their nationals of their nationality in the cases of voluntary acquisition of another nationality, fraud or failure to provide relevant information when acquiring nationality, voluntary military service in a foreign military force, or adoption as a child by foreign nationals. It also provides for the possibility of loss of nationality for nationals habitually residing abroad. Finally it provides loss of nationality for "conduct seriously prejudicial to the vital interests of the State Party".

Article 8 provides nationals with the right to renounce their nationality, providing they do not thereby become stateless. States may however restrict this right with respect to nationals residing abroad.

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