The European Convention on Nationality (
E.T.S. No. 166
) was signed in
Strasbourg on 6 November 1997. It is a comprehensive convention of the
Council of Europe dealing with the law of
nationality
Nationality is a legal identification of a person in international law, establishing the person as a subject, a ''national'', of a sovereign state. It affords the state jurisdiction over the person and affords the person the protection of the ...
. The convention is open for signature by the member States of the Council of Europe and the non-member States which have participated in its elaboration and for accession by other non-member States. The Convention came into force on 1 March 2000 after ratification by 3 countries. As of 2021, the convention has been signed by 29 countries and ratified by 21 of those countries.
Provisions
Article 4(d) provides that neither marriage nor dissolution of marriage shall automatically affect the nationality of either spouse, nor shall a change of nationality by one spouse during marriage automatically affect the nationality of their spouse. Common practice among states at the beginning of the 20th century was that a woman was to have the nationality of her husband; i.e., upon marrying a foreigner the wife would automatically acquire the nationality of her husband, and lose her previous nationality. Even after the nationality of a married woman was no longer dependent on the nationality of her husband, legal provisions were still retained which automatically
naturalised married women, and sometimes married men as well. This led to a number of problems, such as loss of the spouses' original nationality, the spouse losing the right to
consular assistance
Consular assistance is help and advice provided by the diplomatic agents of a country to citizens of that country who are living or traveling overseas.
The diplomats may be honorary consuls, or members of the country's diplomatic service.
Such a ...
(since consular assistance cannot be provided to nationals under the jurisdiction of a foreign state of which they are also nationals), and becoming subject to military service obligations. Article 4d addresses this situation.
Article 5 provides that no
discrimination shall exist in a state's internal nationality law on the grounds of "sex, religion, race, colour or national or ethnic origin". It also provides that a state shall not discriminate amongst its nationals on the basis of whether they hold their nationality by birth or acquired it subsequently.
Article 6 relates to the acquisition of nationality. It provides for nationality to be acquired at birth by descent from either parent to those born within the territory of the state. (States may exclude partially or fully children born abroad). It also provides for nationality by virtue of birth in the territory of state; however, states may limit this to only children who would be otherwise stateless. It requires the possibility of
naturalisation
Naturalization (or naturalisation) is the legal act or process by which a non-citizen of a country may acquire citizenship or nationality of that country. It may be done automatically by a statute, i.e., without any effort on the part of the in ...
, and provides that the period of residence required for eligibility cannot be more than ten years lawful and
habitual residence
In conflict of laws, habitual residence is the standard used to determine the law which should be applied to determine a given legal dispute or legal entitlement. It can be contrasted with the law on domicile, traditionally used in common law juri ...
. It also requires to "facilitate" the acquisition of nationality by certain persons, including spouses of nationals, children of its nationals born abroad, children one of whose parents has acquired the nationality, children adopted by a national, persons lawfully and habitually resident for a period before the age of eighteen, and
stateless person
Stateless may refer to:
Society
* Anarchism, a political philosophy opposed to the institution of the state
* Stateless communism, which Karl Marx predicted would be the final phase of communism
* Stateless nation, a group of people without ...
s and
refugees lawfully and habitually resident on its territory.
Article 7 regulates the involuntary loss of nationality. It provides that states may deprive their nationals of their nationality in only the cases of voluntary acquisition of another nationality, fraud or failure to provide relevant information when acquiring nationality, voluntary military service in a foreign military force, or adoption as a child by foreign nationals. It also provides for the possibility of loss of nationality for nationals habitually residing abroad. Finally it provides loss of nationality for "conduct seriously prejudicial to the vital interests of the State Party".
Article 8 provides nationals with the right to renounce their nationality, providing they do not thereby become stateless. States may however restrict this right with respect to nationals residing abroad.
Status
As at 6 March 2014, the following countries have signed or ratified the convention:
References
External links
Details of the convention
{{International human rights legal instruments
Human migration
Council of Europe treaties
Nationality treaties
Treaties concluded in 1997
Treaties of Albania
Treaties of the Czech Republic
Treaties of Denmark
Treaties of Germany
Treaties of Hungary
Treaties of Iceland
Treaties of Moldova
Treaties of the Netherlands
Treaties of Slovakia
Treaties of Sweden
Treaties of North Macedonia
Treaties of Ukraine
1997 in France
Treaties entered into force in 2000
Treaties extended to Greenland
Treaties extended to the Faroe Islands
Treaties extended to Aruba
Treaties extended to the Netherlands Antilles