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Function of Non-Citizens

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Chapter Summary

This chapter looks at areas important for functions of nationality to establish whether they resemble a similar level of protection of non-citizen compared to cases of citizens. It analyzes whether granting additional rights per se facilitates integration of society or rather naturalization and subsequent grant of rights is a better mechanism to achieve consolidation of society for a ‘procedural State.’ Latvia would have legal arguments in cases where a claim for diplomatic protection would be made on behalf of a noncitizen. First, there is no other State which could offer diplomatic protection on behalf of non-citizens. Second, the status of non-citizen as a person belonging to Latvia has been acknowledged by different international institutions. Third, noncitizens have a genuine link to Latvia on the basis of long-term residence preceding acquisition of the status. The right to reside, and equality of treatment as defined in the Satversme, are also discussed.

Keywords:diplomatic protection; equality of treatment; international law; Latvia; non-citizens; right to reside; Satversme



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