Glossary

Acquisition of citizenship that depends only on facts at the time of the person‘s birth, in particular the country of birth and/or the citizenship and/or residence status of one or both of the parents or ancestors. Note: in some countries where ius soli predominates, ‘birthright citizenship’ is understood to refer only to citizenship derived from birth in the territory (ius soli).

A legal status and relation between an individual and a state or other territorial polity (such as the European Union, a federal province, or only partially recognised states) that entails specific legal rights and duties. Citizenship of a state is generally used as a synonym for nationality (see: nationality). Where citizenship is used in a meaning that is different from nationality it refers to the legal rights and duties of individuals attached to nationality under domestic law. In some national laws, citizenship has a more specific meaning and refers to rights and duties that can only be exercised by nationals after the age of majority (such as voting rights) or to rights and duties that nationals can only exercise in the national territory. Except where specifically stated, we do not use broader non-legal interpretations of citizenship, which refer to identities, practices and virtues of individuals and organisations oriented towards the common good or to membership and activities of individuals in organisations and civil society associations.

Any form of involuntary loss of citizenship whether automatic or non-automatic (including lapse, withdrawal, nullification) that is not initiated by the person or her or his legal representative. Revocation can be either automatic (ex lege) or initiated by the responsible public authorities.

Synonymous with: deprivation of nationality, denationalisation, involuntary loss of citizenship.

Contrasting with: renunciation of citizenship

Treating a person or a particular group differently with regard to the acquisition, transmission, or loss of citizenship on any grounds prohibited under international law, including race, colour, sex, language, religion, political or other opinion, national or social origin, ethnicity, property, birth or inheritance, disability, sexual orientation or gender identity, or other real or perceived status, characteristic or affiliation. This can be direct discrimination in the substance of the law itself, such as in laws that differentiate between men and women in the acquisition and retention of citizenship. Discrimination can also be indirect, which can include the effect of laws, policies, or regulations that create additional barriers for certain individuals to access or transmit citizenship, but are not explicit in the citizenship law.

The simultaneously holding of citizenship status in two or more states. Legal status of citizenship held by a person simultaneously in two (dual citizenship) or more states. Multiple citizenship may be acquired at birth or after birth and with or without the knowledge and consent of all the states involved. The term ‘multiple citizenship‘ refers only to the legal status of citizenship a person holds in several states and does not specify the person‘s rights and obligations vis-a-vis the state of second or third citizenship where the person does not currently reside. (Some states distinguish between citizenship that can only be held by residents of the state and nationality that may also be held by expatriates.).

Synonymous with: multiple nationality, dual nationality

Legal relationship between a person and a state (country) as recognised in international law. The terms nationality and citizenship refer generally to the same status and are thus frequently used as synonyms. GLOBALCIT prefers to use the term citizenship when referring to the internal legal relation between an individual and a state, and the term nationality when referring to international relations between states and to the relation of states to the citizens of other states. We do not cover nationality in a non-legal sense, i.e. membership in a nation sharing a common history, culture, language or descent (which does not necessarily coincide with the totality of persons holding the nationality of a country in the legal sense defined above), or with nationality as referring to membership of a national minority living within a state and/or culturally linked to an external kin-state.

See also: citizenship

GLOBALCIT categorises as naturalisation all modes of acquisition after birth other than those for which birth in the territory or to citizen parents is a condition. In a narrower sense, naturalisation is sometimes used to indicate the specific procedure through which citizenship can be acquired, which requires an application by this person or his or her legal representative as well as an act of granting citizenship by a public authority. In this second sense, a naturalisation procedure differs from declaration or option procedures that may provide a facilitated and/or less discretionary acquisition.

Contrasting with: birthright citizenship, ius sanguinis, ius soli.

Loss of citizenship initiated by a declaration or application by the person or his or her legal representative addressed to the relevant authorities expressing his or her intention or desire to give up the citizenship in question. The renunciation procedure can be – either non-discretionary if it has to be granted or becomes effective automatically once all the legal conditions are met (renunciation by declaration); or – subject to the approval of a public authority (renunciation by application or release from citizenship).

Contrasting with: revocation of citizenship

The loss, withdrawal or denial of citizenship that is not voluntarily requested by the individual, on grounds of national security, such as related to any behaviour or offence that is based on a concept of disloyalty or harm to the interests or security of the state. This may include acts of treason or terrorism against the state. Related deprivation grounds are military or other service to a foreign country, or other criminal offences that harm the interests or security of the state.

See also: deprivation of citizenship

The status of a person who is not considered as a national by any state under the operation of its law (Art 1(1) Convention relating to the Status of Stateless Persons, 1954).

A distinction between de facto and de iure statelessness is discouraged by UNHCR, which notes that determining whether a person is stateless is a ‘mixed question of fact and law’ (Handbook on the Protection of Stateless Persons, paras 7 and 23).

The historical understanding of de facto statelessness was that this term applies to persons outside the country of their nationality who are unable or, for valid reasons, are unwilling to avail themselves of the protection of that country (see UNHCR 2010 Prato Conclusions). The term has, however, no agreed definition in international law. In practice it is often used to refer to people who are inside the country of their nationality but cannot obtain official recognition of their nationality.

Those who lack documentation of their nationality may be of undetermined nationality, of whom a sub-set facing discrimination of various kinds or lacking the necessary evidence may be at risk of statelessness. At the point where they have exhausted all avenues to obtain official recognition or grant of nationality, they must be considered stateless persons without qualification – whether or not they appear to have entitlement to nationality under the law.