Non-discrimination regarding naturalisation

Date: Wed, 28 Jan 98 20:12:39 -0500
From: MINELRES moderator <[email protected]>
Message-Id: <[email protected]>
To: "[email protected]" <[email protected]>
Subject: Non-discrimination regarding naturalisation

From:  MINELRES moderator       \ Internet:    ([email protected])

Original sender:  John Packer       \ Internet:    ([email protected])

Non-discrimination regarding naturalisation


Dear Fernand,

I, too, read with interest your comments of last week.  And I, too, would 
like to know the citation of the "international human rights court decision 
which contains comments suggesting that language requirements for 
naturalisation purposes can be discriminatory..."  This is quite a 
controversial issue of increasing importance as the international law of 
citizenship and the content of the right to a nationality evolve.

By the way, one might wish to scrutinize the May 1997 European Convention 
on Nationality which contains a non-discrimination clause in Article 5. Para
. 1 of Art. 5 stipulates only "sex, religion, race, colour or national  or
ethnic origin" as prohibited grounds of "discrimination" (as opposed to 
"distinction").  Interestingly, para. 40 of the Explanatory Report to the
Convention expressly states that States may "fix certain criteria to 
determine their own nationals. These criteria could result, in given cases,
in more preferential treatment in the field of nationality. 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... of the 
intention of the distinctions and their actual application. 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.

I look forward to receiving your response.

John Packer
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