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by chalst 5350 days ago
I agree with your conclusion, but the violation of article 15 is not perfectly clear: the tricky word in clause (2) is the adverb "arbitrarily" - I think it is generally taken to mean that, in the context of the article 15 being about statelessness, nations are obliged to offer a citizenship path to refugees, but otherwise are not obliged to offer a citizenship path to anyone else.

I got this impression from an article I read ages ago, but 5 minutes with Google Scholar did not give me any sources to back this impression up.

1 comments

Your probably right about that, I don't have any legal expertise. It seems that Article 15 states that each person has a right to a nationality, not to the nationality of the country they are in.
It's fairly common for children of illegal immigrants to be in such "gray areas" where they don't have any nationality.

One of my half-sisters was in such case, she was born in Austria but neither of her parents were Austrian, so she was ruled not to have the right for Austrian citizenship, fortunately Uruguay is not so strict and recognizes foreign-born children of Uruguayans as Uruguayan and finally gave her the nationality.