We explain what nationality is, how it is acquired and its differences with citizenship. Also, naturalization and dual nationality.
What is nationality?
Nationality is the legal link of belonging and adherence to a legal order that exists between a citizen of a specific nation and the State of the latter. In simpler terms, It is the legal relationship between a person and the nation to which they belong which grants him rights and at the same time requires certain duties.
It is a complex concept, of importance in social sciences and international law, which can be understood from multiple points of view. The idea of nationality arose during the 19th century, as a consequence of the emergence of nationalism, that is, nation-states as we understand them in the contemporary world.
Thus, the nationality confers the individual full rights of representation, participation, protection and identity being inside or outside its territory, which is why it is considered a fundamental human right by international organizations.
That is to say, every human being has the right to a nationality or what is the same, no one can be forced to a state of statelessness (“without a homeland”), regardless of their origin, their professional practice, their personality or even their crimes committed.
Each country establishes its rules for the acquisition and, eventually, the loss or renunciation of nationality, and also whether it allows (or not) the joint possession of other nationalities (two and up to three at the same time). For this to be possible, therefore, there must exist a formal legal order, also recognized by other nations, in accordance with the principle of State sovereignty.
The rules for acquiring a nationality usually consist of variants of the following four:
- Ius sanguinis or blood right. It is that right to nationality that is acquired at birth, given that the parents possess it and transmit it to their offspring, regardless of where the latter was born.
- Ius solis or land right. It is the right to nationality that is acquired at birth in a specific territory, that is, it is granted to those who are born within the borders of a specific State.
- Ius domicili or right of domicile. It is that right to nationality that is acquired by the mere fact of domiciling or residing in the territory of the State in question and complying with certain local legal requirements (work, property, settlement terms, etc.).
- Ius optandi or optional right. It is that right to nationality that is acquired by free choice, that is, which is chosen, as long as the established legal requirements are met.
See also: Fundamental rights
Nationality and citizenship
In certain contexts, nationality and sovereignty can be considered synonymous, especially in colloquial language. But in a strict sense, these concepts refer to different notions:
- Nationality is civil law which grants the individual belonging to his or her nation of origin (or choice).
- Citizenship is a legal-political bond which is established between a sovereign State and an individual who meets the necessary requirements to exercise their political, social and legal rights.
In this way, citizenship can be lost, or it can also be acquired, while nationality is a bond that from certain points of view goes beyond what is legal.
That is, suppose that a person is punished by his country of origin and his citizenship is withdrawn, that is, his right to participate and exercise the rights and duties that it grants. Does that mean that you have stopped belonging to that nation, as an individual? At least, from a social, cultural and historical point of view, the answer is no.
In some legislation, such as the United States, not all those who enjoy nationality are citizens (citizens), so that a distinction can be made between national citizens and non-citizen nationals.
Nationality and naturalization
It is known as naturalization process of acquiring a nationality other than the one you already have either as a replacement for the first one or as an additional nationality.
These types of processes are governed by the provisions of each specific legislation, that is, they vary from country to country, and usually involve certain steps and documents proving that the necessary requirements are met. Citizens who obtain their nationality in this way are known as naturalized citizens.
Dual nationality
As we have already seen, some people can have two or even more nationalities at the same time as long as the possession of these different citizenships does not result in conflict at any time. Those who have two nationalities are known as binational, and this criterion can even be used to speak of multinational citizens.
Citizens with dual (or multiple) nationality can choose which of the two to enter a country with, although they cannot change from one to the other in the same country. This also implies that are subject to certain obligations of both countries although normally it is one of the nationalities that is taken as origin, while the other is considered secondary or optional.
Social nationality
Social nationality means an affiliation with a culture or a nation that does not go through what is strictly legal or legal, but corresponds to a feeling, an identification or a family affiliation.
This nationality may or may not coincide with citizenship, that is, with legal and diplomatic identity, and has to do with a sense of community belonging usually expressed with the word “people”: the Palestinian people, the Catalan people, etc. This concept should not be confused with that of social citizenship, proposed by Thomas H. Marshall in 1950.
Continue with: Ethnicity
References
- “Nationality” in Wikipedia.
- “Nationality” in the Language Dictionary of the Royal Spanish Academy.
- “OHCHR and the right to nationality” in the Office of the High Commissioner for Human Rights of the United Nations (UN).
- “Nationality” in Legal Concepts.
- “Nationality (international law)” in The Encyclopaedia Britannica.
