نوع مقاله : علمی-پژوهشی
نویسنده
استادیار حقوق بینالملل، گروه حقوق، دانشکدۀ علوم انسانی، دانشگاه بوعلی سینا، همدان، ایران
کلیدواژهها
عنوان مقاله English
نویسنده English
Sovereignty, as one of the fundamental elements of statehood, entails both rights and obligations for states. Since ancient times, the authority to determine the conditions for granting nationality to individuals has been considered one of these rights. At the same time, the international dimension of nationality has consistently been recognized by doctrine and international judicial practice, and in light of the developments in the international community, the humanization of international law, and the transformation of sovereignty, this dimension has been further strengthened. Since the mid-20th century, the right to nationality has repeatedly been addressed in both treaty and customary international human rights law. Its realization, as a “right to have a right,” is considered a prerequisite for enjoying other human rights. Under conventional international law, judicial practice, and doctrine, the right to nationality imposes specific obligations on states within a general framework—including both positive and negative duties, as well as obligations to respect, protect, and fulfill the right. These obligations include: Prohibiting discriminatory treatment of individuals based on race, sex, language, religion, national origin, economic status, age, disability, or any other status; Prohibiting arbitrary actions, including ignoring objective and reasonable criteria; Committing to prevent and reduce statelessness; Paying special attention to specific groups, such as refugees, children, and dual nationals; Addressing related situations, such as expulsion, alteration, or voluntary renunciation of nationality.
کلیدواژهها English
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