The right to nationality, traditionally seen by States as an attribute of domestic jurisdiction, has been incorporated into the normative role of international human rights law. However, the world registers the presence of millions of stateless people whose rights are generally neglected. This context raises the question of how are the international human rights protection systems guaranteeing the right to nationality provided in the treaties that govern their performance? This research is justified by the need to find reasons to guarantee the enjoyment of the rights of such individuals in situations of vulnerability. It’s used empirical and bibliographical sources, especially treaties and international jurisprudence on the subject, as well as works in portuguese and other languages. It begins with the analysis of the protection of the right to nationality in the universal system with the main treaties and decisions taken in this sphere; the following section is an investigation of the matter at European level, with emphasis on the judgments of the European Court of Human Rights; at least, the normative production of the inter-American system for the protection of human rights and the work of its principal organs (Inter-American Commission and Court of Human Rights) is visualized. The study concludes that although there are advancesin the protection of nationality in all systems, they are uneven. Regional bodies, especially the American one, have been producing more coative decision-making material on the obligation of States to guarantee the nationality and human rights of stateless persons.
Real Time Impact Factor:
Author Name: Ulisses Levy Silvério dos Reis; Sven Peterke
URL: View PDF
Keywords: Right to nationality. Stateless. Human rights.