- What is nationality?
- Nationality and citizenship
- Nationality and naturalization
- Double nationality
- Social nationality
We explain what nationality is, how it is acquired and its differences with citizenship. In addition, naturalization and dual nationality.
What is nationality?
Nationality is the legal bond of belonging and adherence to a legal order that exists between a citizen of a nation determined and the Condition of the latter. In simpler terms, it is about the legal relationship between a person and the nation to which he belongs, which grants him rights and at the same time demands certain duties.
It's about a concept complex, important in social Sciences and the international right, which can be understood from multiple points of view. The idea of nationality arose during the nineteenth century, as a consequence of the emergence of the nationalism, that is, of nation-states as we understand them in the contemporary world.
Thus, nationality confers on the individual full rights of representation, participation, protection and identity being in or out of your territory, which is why it is considered a human right fundamental by international organizations.
I mean, everything 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 set your rules for the acquisition and, eventually, the loss or renunciation of nationality, and also if 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 be a legal order formal, recognized also by other nations, in accordance with the principle of sovereignty of the States.
The rules for acquiring a nationality usually consist of variants of the following four:
- Ius sanguinis or blood right. It is the right to nationality that is acquired at birth, since the parents they possess it and pass it on to their offspring, regardless of where the latter was born.
- Ius solis or land rights. It is that right to nationality that is acquired at birth in a specific territory, that is, that 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, time limits, etc.).
- Ius optandi or optional right. It is the right to nationality that is acquired freely, that is, by which it is chosen, as long as the established legal requirements are met.
Nationality and citizenship
In certain contexts, nationality and sovereignty can be considered as synonyms, especially in the colloquial language. But in a strict sense, these concepts refer to different notions:
- Nationality is the civil law that grants the individual's membership to his or her nation of origin (or of choice).
- Citizenship is a legal-political bond that is established between a sovereign State and an individual who meets the necessary requirements to exercise their duties. political rights, social and legal.
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.
In other words, suppose that a person is punished by their country of origin and their citizenship is withdrawn, that is, their right to participate and to exercise the rights and duties that it grants. Does that mean that you have ceased to belong to that nation, as an individual? At least, from a social, cultural and historical point of view, the answer is no.
In some laws, such as the United States, not all who have nationality are citizens (citizens), so that a distinction can be made between national citizens and non-citizen nationals.
Nationality and naturalization
Naturalization is known as the process of acquiring a nationality other than the one you already have, either as a substitute for the first or as an additional nationality.
This type of process is governed by what is established in each legislation that is, they vary from country to country, and usually involve certain steps and documents proving that the necessary precautions are met. Citizens who obtain their nationality in this way are known as naturalized citizens.
Double nationality
As we have already seen, some people can have two and even more nationalities at the same time, as long as the holding of these different citizenships does not result in conflict at any time. Those who have two nationalities are known as binationals, and this criterion can even be used to speak of multinational citizens.
Citizens with dual (or multiple) nationality can choose when entering a country with which of the two to do so, although they cannot change from one to another in the same country. This also implies that they 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
By social nationality is understood an affiliation with a culture or a nation that does not go through the strictly legal or juridical, 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 belonging community, usually expressed with the word "people": the Palestinian people, the Catalan people, and so on. This concept should not be confused with that of social citizenship, proposed by Thomas H. Marshall in 1950.