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Chapter Summary

The right to acquire a nationality has a fairly precise content in relation to children. However, the right is not always implemented, especially in States which have identified the primary body of nationals on the basis of the jus sanguinis principle. Procedures relating to the acquisition of nationality rely on the length of residence, the age of the applicant and other requirements, but in the process the non-discrimination rule, the prohibition to render children stateless and the prohibition against adopting arbitrary decisions have to be respected. It appears that, if a child would remain stateless for a considerable period of time because of the age requirement or for other reasons, this would violate his/her right to acquire the nationality of the State which has registered the child.

Keywords: jus sanguinis principle; nationality; rights of the child



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    A Commentary on the United Nations Convention on the Rights of the Child, Article 7: The Right to Birth Registration, Name and Nationality, and the Right to Know and Be Cared for by Parents — Recommend this title to your library
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