Nationality

Acquisition of nationality

It is acquired normally with the birth, in general either by filiation (one speaks about “right of blood”, juice sanguinis ), or owing to the fact that one was born on the national territory (one speaks about “right of the ground” or juice soli ). An individual can change some during his life under certain conditions; in general, it is necessary to speak to it (or one of) language (S) national (S), to have resided and have worked in a country a certain time and not to be condemned to important sorrows. It is possible under certain conditions of having two nationalities.

According to the Universal declaration of the human rights of 1948:

“Article 15

# Any individual is entitled to a nationality.

# Nul cannot be arbitrarily private of its nationality, nor of the right to change nationality. ”

The concept of nationality can be used by a strategic State of manner, to support or exclude part of the population. For example, in Ivory Coast, the democratic party of ivory coast of Henri Konan Bédié defined in a restrictive way nationality of the Ivory Coast to exclude certain candidates with the presidential election, like denying the right to vote with part of the population (problem known as of the “ivoirity”, sees the article Histoire of the Ivory Coast ). The same problem touches the Estonia including one most of the residents, of Russian origin, arrived during the occupation of the country by the the USSR.

Effects of nationality

Nationality generally opens right to the pleasure of the political freedoms (right to vote) in this direction it approaches the Citoyenneté.

But also with rights and various obligations:

National service (often only for the men)
Right to the exercise of a regulated profession (ex: magistrate)
Right to the social assistance
Right to diplomatic protection (given of a passport; not extradition of the nationals)
etc…

Particular cases

Concept of resident

A person can be juridically described as Résident E of a country given because of her principal Domiciliation in this country without to have the nationality of this one.

Nationality without citizenship

See also: Right of vote#exclusion on the basis of mode of acquisition of nationality, Right of vote#dans colonial context

At the time colonial, the Indigénat in the French Colonies and the indigenous statute with the Belgian Congo excluded from the Citoyenneté all or part of the indigenous inhabitants of the colonies, which however had French nationality or Belgian. This situation ended in two parts for France, by the Loi Rolls Guèye in 1946 and by the Loi-cadre 1956 Removes iron. It ended in Belgian Congo only with independence in 1960.
Until 1975, the French by naturalization could not exert the right to vote and of eligibility during the 5 or 10 (according to the times) years following acquisition of nationality.

Citizenship without nationality

See also: Right to vote from abroad

A certain number of countries granted the right to vote with the foreign residents, that it is with all and all the levels of being able, without eligibility (Chile, New Zealand), with some and all the levels of being able, with eligibility (nationals of the the Commonwealth to the the United Kingdom), with some or all at the municipal level, with or without eligibility (5 Scandinavian countries and 3 of the Benelux countries, several cantons Swiss, Portugal, Slovenia, Burkina Faso, Venezuela etc).

Among the foreign residents concerned, some are Apatride S, which means that they can vote and be elected in certain countries without having nationality.

It is advisable to specify that in New Caledonia, ground French overseas; there exists a citizenship " néo calédonienne" , conferred to the individuals residing since more than 10 years on the territory; this whereas there does not exist nationality néo calédonienne. This citizenship grants the right to vote with the local elections to them, namely the provincial elections; and will allow them to take part in the poll of self-determination which will be organized between 2014 and 2018. In the same way, there exists a European citizenship today whereas there does not exist European nationality. Thus, the nationals of the European Union are ready to take part in the local elections (municipal…)in the Member States where they reside.

See too

Nationality by country

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