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Topic: European Convention on Nationality

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Naturalisation

	European Convention on Nationality - Wikipedia, the free encyclopedia
		Common practice among states at the beginning of the 20th century was that a woman was to have the nationality of her husband; thus upon marrying a foreigner she would automatically acquire the nationality of her husband, and lose her own nationality.
		Even once the nationality of a married woman was made no longer dependent on the nationality of her husband, legal provisions were still retained automatically naturalising married women, and sometimes married men as well.
		It provides for nationality to be acquired at birth by descent from either parent to those born within the territory of the state.
	en.wikipedia.org /wiki/European_Convention_on_Nationality (477 words)

	Jus sanguinis - Wikipedia, the free encyclopedia
		Jus sanguinis (Latin for "right of blood") is a right by which nationality or citizenship can be recognised to any individual born to a parent who is a national or citizen of that state.
		At the end of the 19th century, the French-German debate on nationality saw Ernest Renan oppose the German conception of an "objective nationality", based on "blood", "race" or even, as in Fichte's case, "language".
		Usually a practical regulation of the acquisition of nationality or citizenship of a state by birth to a parent who is already a citizen of the state is provided by a derivative law called lex sanguinis.
	en.wikipedia.org /wiki/Jus_sanguinis (545 words)

	Wikinfo \| Nationality
		Nationality is a legal relationship existing between a person and a state.
		Nationality must be distinguished from citizenship: citizens have rights to participate in the political life of the state of which they are a citizen, such as by voting or standing for election; while nationals need not have these rights, though normally they do.
		Nationality can generally be acquired by jus soli, jus sanguinis or naturalization.
	www.wikinfo.org /wiki.php?title=Nationality (288 words)

	[No title]
		Close examination of the convention led the Government to conclude that, because of the discrepancies between current British nationality law and the convention, it would not be possible to sign and ratify the convention without amending the law.
		It is suggested, as already mentioned, by the Convention on the future of Europe, that “European citizens” be given “Dual Citizenship” and for this I turn to the Council of Europe’s “European Convention on Nationality” and the definitions of Citizenship and Nationality.
		Article 1 of that convention provides in particular that nationals who acquire of their own free will another nationality shall lose their former nationality and shall, subject to a reservation, not be authorised to retain it.
	www.geocities.com /annestgeorge/idcards (2420 words)

	Council of Europe - ETS no. 166 - European Convention on Nationality
		Nationals of a State Party in possession of another nationality shall have, in the territory of that State Party in which they reside, the same rights and duties as other nationals of that State Party.
		In matters of nationality in cases of State succession, each State Party concerned shall respect the principles of the rule of law, the rules concerning human rights and the principles contained in Articles 4 and 5 of this Convention and in paragraph 2 of this article, in particular in order to avoid statelessness.
		The provisions of this Convention shall not prejudice the provisions of internal law and binding international instruments which are already in force or may come into force, under which more favourable rights are or would be accorded to individuals in the field of nationality.
	conventions.coe.int /treaty/EN/treaties/html/166.htm (3521 words)

	THE ANALYSIS OF JURISPRUDENCE REGARDINGASYLUM SEEKERS CASES IN MOLDOVA (Site not responding. Last check: 2007-10-14)
		The ratification of the European Convention on Nationality is a further advance.
		The correct interpretation of the article 3 of the Convention against Torture and Inhuman or Degrading Treatment infers the right of asylum seekers to be allowed to stay in the territory pending a review of their claim.
		1 of the European Convention of Human Rights the state has the obligation to legalise the temporary staying of the person which asked for asylum on his territory as long as the competent organisations are examining his case, in our case UNHCR.
	www.unhcr.md /article/analysis.htm (7142 words)

	Preliminary Study on the Rights of Non-Citizens
		The Convention on the Rights of the Child applies to all children regardless of their race or citizenship status. Because States have an obligation to “each child within their jurisdiction,” States may not distinguish between children based on their citizenship or race; all children under the jurisdiction of the State must be treated equally.
		Article 14 [of the European Convention on Human Rights] does not forbid every difference in treatment. Equality does not necessarily mean identical treatment in every instance. A differentiation does not constitute discrimination if the aim is to achieve a purpose which is legitimate and if the criteria used are reasonable and objective.
		The Parties to the present Convention undertake, in connection with immigration and emigration, to adopt or maintain such measures as are required, in terms of their obligations under the present Convention, to check the traffic in persons of either sex for the purpose of prostitution.
	www1.umn.edu /humanrts/demo/noncitizenrts-2000.html (7182 words)

	"Going Native" in Europe? Theorizing Social Interaction in European Institutions
		The basic task of the Committee was to revisit the understandings of nationality and citizenship promulgated in an earlier, 1963, Council treaty.
		Instead, on the issue of multiple nationality, one gets a strong sense of Committee participants jockeying for position as competing identity/nationality conceptions were advocated.
		Put differently, the stark internal/external demarcation, where nationality and national identity are largely co-terminus with a state’s borders, is eroding in contemporary Europe.
	www.arena.uio.no /publications/wp01_23.htm (6473 words)

	Andrew Walmsley, Head of the Home Office Nationality Directorate, United Kingdom
		In November 1997 a new European Convention on Nationality was opened for signature at the Council of Europe in Strasbourg.
		The Convention is the most modern international instrument dealing with nationality and sets out general principles and rules relating to the acquisition and loss of nationality including principles to be adopted in cases of State succession.
		The European Convention provides, in Article 3, that each State shall determine under its law who are its nationals, and that such a law shall be accepted by other states in so far as it is consistent with applicable international instruments.
	www.memo.ru /hr/refugees/sem5en/Chapter5.htm (2464 words)

	2002r4 (Site not responding. Last check: 2007-10-14)
		Family members should enjoy equal treatment with nationals – in accordance with the legislation of the member state concerned – with regard to education, vocational training, initial and further training and retraining, including university education, equal to that enjoyed by nationals.
		Family members should enjoy the same treatment as nationals with respect to the freedom of assembly, of association and of expression, in conformity with the relevant provisions of the European Convention on Human Rights.
		Each member state should facilitate the acquisition of its nationality for family members of long-term principals, in accordance with its internal law and taking into consideration the provisions of the European Convention on Nationality (1997).
	cm.coe.int /stat/E/Public/2002/adopted_texts/recommendations/2002r4.htm (857 words)

	Article: Towards a European Nationality Law, vol. 8.3
		Because of the German declaration on nationality made in 1957, the entire population of the Democratic Republic of Germany already belonged to the group of persons that were German for Community purposes: the population of the Federal Republic of Germany.
		The great advantage of cooperation between the European Union and the Council of Europe in the area of nationality law is that the Union may concentrate on the points just mentioned and leave the general attempts to harmonise this area of the law to the Council of Europe.
		The autonomy of Member States in nationality matters was recently underlined in a written answer by Commissioner G. Verheugen to a written question posed by a Member of the European Parliament on the position of stateless persons in the candidate Member State Slovenia; E-1641/03.
	www.ejcl.org /83/art83-4.html (15370 words)

	Nationality rights and equal opportunities (Site not responding. Last check: 2007-10-14)
		In this context, the Committee of Ministers draws attention to the European Convention on Nationality (ETS No. 166), adopted in the framework of the Council of Europe in 1997, which contains a specific provision prohibiting discrimination on the grounds of sex (Article 5, paragraph 1).
		This Committee is instructed to monitor developments in nationality issues, in particular in the Council of Europe member states, and to put forward proposals to help solve the practical and legal problems encountered by states in its field of competence.
		It publishes the “European Bulletin on Nationality”, designed to enable those interested in nationality issues to gain a better understanding of legislation in this field in Europe and in the non-European countries which contribute to the work of the CJ-NA.
	assembly.coe.int /Documents/WorkingDocs/DOC04/EDOC10295.htm (443 words)

	MINELREL-L Archive (06101997-18:38:03-3594) (Site not responding. Last check: 2007-10-14)
		The convention embodies principles and rules applying to all aspects of nationality.
		The Council's new text represents a synthesis of recent thinking on this question in national and international law and is the first international text to do so.
		Some of the essential principles behind the text are: - prevention of statelessness; - non-discrimination: in regulating questions of nationality, states must avoid all discrimination on grounds of sex, religion, race, colour, national or ethnic origin, etc. - respect for the rights of persons habitually resident on the territories concerned.
	www.arts.uwaterloo.ca /minelres/archive/06101997-18:38:03-3594.html (343 words)

	Germany - European Commission against Racism and Intolerance (ECRI)
		The report notes that about 9 percent of the population living in Germany - a group that includes mostly migrant workers as well as political refugees - does not have German citizenship, despite the fact that many non-Germans have spent all or most of their lives in the country and are likely to remain.
		In 1991 and 1993 the government amended the Nationality Law to make it possible for certain categories of non-German immigrants to be naturalised upon request, but this change resulted in only a slight increase in naturalisation applications.
		The report notes that the Ministry of Justice is examining the possibility of introducing a single body of anti-discrimination legislation covering discrimination in several areas and providing for effective enforcement, in the framework of the new directive on implementing the principle of equal treatment between persons irrespective of racial or ethnic origin.
	www.hri.ca /fortherecord2001/euro2001/vol2/germanyecri.htm (1767 words)

	[AMCC-News] ECRI: Discriminatory Effect of the 1992 Law on Citizenship of Macedonia
		European Commission against Racism and Intolerance (ECRI) Full report at: http://www.ecri.coe.int/en/08/01/37/CBC2%20Macedonia.pdf Citizenship law 6.
		This work is closely linked with preparations for the future ratification of the European Convention on Nationality.
		The latest draft reportedly includes a reduction in the period of permanent residency necessary to gain citizenship, a change ECRI would welcome and one in line with the European Convention on Nationality, which "the Former Yugoslav Republic of Macedonia" has signed.
	www.alb-net.com /pipermail/amcc-news/2001-April/000013.html (358 words)

	EU@UN - EU Presidency Statement - Nationality of natural persons in relation to the succession of States (Site not responding. Last check: 2007-10-14)
		I have the honour to speak on behalf of the European Union.
		We also note the importance of the European Convention on Nationality of 1997 that, in the view of the European Union, constitutes a significant standard in questions regarding nationality.
		The European Union expresses its appreciation for the comments and observations from Governments on the question of a convention on nationality of natural persons in relation to the succession of States, as contained in document A/59/180.
	www.europa-eu-un.org /articles/pt/article_3957_pt.htm (410 words)

	Activities Report
		The edition will also contain the texts of the European Convention on Human Rights and the Rules of the Court edited in Latvian by the Institute, analysis of the Case law of the Latvian Constitutional Court and overview of the case law of the European Convention on Human Rights.
		Moot Court Competition on the European Convention on Human Rights was held on 4 June within the framework of the Human Rights Course for the 4th year law students.
		An International two days seminar on the "European Convention on Nationality" was organised on 25-26 November 1999 in co-operation with the Naturalisation Board of the Republic of Latvia and the Council of Europe.
	home.lanet.lv /~lci/hri_l/actang99.htm (3435 words)

	MINELREL-L Archive (02051998-11:54:50-9629) (Site not responding. Last check: 2007-10-14)
		By the way, one might wish to scrutinize the May 1997 European Convention on Nationality which contains a non-discrimination clause in Article 5.
		Common examples of justified grounds for differentiation or preferential treatment are the requirement of knowledge of the national [read State or official] language in order to be naturalised..." Of course, the real substance of the issue is in the details...
		But, both on the basis of general international law (under which attribution of citizenship is a sovereign matter) and specifically relevant treaty law (such as the 1997 European Convention on Nationality), it would appear that the State has a wide latitude in this area.
	www.minelres.lv /minelres/archive/02051998-11:54:50-9629.html (300 words)

	ETS no. 166 - European Convention on Nationality (Site not responding. Last check: 2007-10-14)
		European Convention on Nationality, (ETS No. 166), entered into force January 3, 2000.
		Article 7 – Loss of nationality ex lege or at the initiative of a State Party
		Article 8 – Loss of nationality at the initiative of the individual
	www.law.wits.ac.za /humanrts/euro/ets166.html (3538 words)

	Red Cross Red Crescent - Action to Reduce Discrimination - infokit
		Convention on the Elimination of All Forms of Racial Discrimination
		Convention on the Elimination of All Forms of Discrimination against Women
		European Convention On The Legal Status Of Migrant Workers
	www.ifrc.org /what/values/discrimination/infokit/bgext.asp (165 words)

	Signatures and ratifications at the Council of Europe (Site not responding. Last check: 2007-10-14)
		The ratification by Romania of the European Convention on Nationality (ETS No.
		- the European Convention for the protection of the Audiovisual Heritage (ETS No.
		- the European Convention on Spectator Violence and Misbehaviour at Sports Events and in particular at Football Matches (ETS No.
	press.coe.int /cp/2003/093a(2003).htm (214 words)

	Signatures and ratifications at the Council of Europe - Week from 30 June to 4 July 2003 - Provisional list (Site not responding. Last check: 2007-10-14)
		- the Protocol of Amendment to the European Convention for the Protection of Vertebrate Animals used for Experimental and other Scientific Purposes (ETS No.
		- the European Convention on the Legal Status of Children born out of Wedlock (ETS No.
		- the European Convention on the Exercise of Children's Rights (ETS No.
	press.coe.int /cp/2003/359a(2003).htm (200 words)

	Informačná kancelária Rady Európy v Bratislave \| Európsky dohovor o občianstve (1997) (č. 166) - anglická verzia
		no one shall be arbitrarily deprived of his or her nationality;
		children one of whose parents acquires or has acquired its nationality;
		Article 14 – Cases of multiple nationality ++
	www.radaeuropy.sk /?1361 (3509 words)

	Red Cross Red Crescent - Action to Reduce Discrimination - infokit
		European Parliament resolution on racism, xenophobia and anti-Semitism and on further steps to combat racial discrimination (1998)
		European Union Declaration against racism and xenophobia (1986)
		Declaration on the Rights of Persons Belonging to National or Ethnic, Religious or Linguistic Minorities
	www.ifrc.org /WHAT/values/discrimination/infokit/bgext_f.asp (145 words)

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