Acquisition and Loss of Nationality, Volume 1: Comparative by Rainer Bauböck, Eva Ersbøll, Kees Groenendijk, Harald

By Rainer Bauböck, Eva Ersbøll, Kees Groenendijk, Harald Waldrauch

Acquisition and lack of Nationality brings jointly a staff of thirty researchers for an in-depth research of nationality legislation in all fifteen pre-2004 member states of the ecu Union. quantity One offers certain comparisons of the citizenship legislation of all fifteen international locations, whereas quantity comprises person stories of every country's legislation. jointly, the books are the main complete to be had source at the query of ecu nationality.

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States should recognise that most migrants are stakeholders in two different countries. Dual nationality should therefore be tolerated not merely when it emerges at birth, but also through naturalisation. e. for children born abroad, both of whose parents were also born abroad. 2 above. These entail facilitated access to nationality for refugees and stateless persons, as well as the principles of non-discrimination, including between men and women, between persons who have acquired nationality at birth or through naturalisation and between particular nationalities of origin.

12 Facilitation in this sense means making the acquisition of nationality significantly easier than for foreigners generally (Hall 1999: 586). Human rights implications of nationality law are traditionally most notably recognised in the treaty provisions on loss and deprivation of nationality. Although loss and deprivation are also generally considered a matter for the discretion of states, there has been early recognition of the limitations of such discretion. Art. 15 of the Universal Declaration of Human Rights already provides for a prohibition of arbitrary deprivation or refusal of the right to change one’s nationality.

For this process, a better knowledge of the facts will be essential. As discussed in Chapter 6, many Member States do not even collect or publish essential statistical data that would allow a comparison of the exact rates of acquisition and loss of nationality among different migrant populations and different countries. Current attempts to harmonise statistical data on migration should include a requirement that all Member States must provide reliable, comparable and sufficiently differentiated data on all modes of acquisition and loss of nationality.

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