Nationality can be established in different ways.
Nationality is the particular condition of the inhabitants of a nation . The concept includes notions linked to social, spatial, cultural and political factors . Nationality can be analyzed from a sociological point of view, but also from a legal-political order.
The gypsy nation, for example, is not established in its own State ; Likewise, there is no constitution that recognizes the inhabitants of a territory as gypsies. Group membership, therefore, is given by the origins and traditions of the people.
Nationality and regulations
Other nationalities, however, are closely linked to the state authority , as is the case with Argentine, Spanish or Chilean nationalities, for example, which must be documented by a certificate issued by the State to those who meet a series of certain requirements; In these cases, there are also various obligations and rights associated with nationality, which have a legal nature.
The characteristics of this type of nationality are directly linked to current regulations . On the other hand, it is interesting to note that some countries allow the children or grandchildren of their national inhabitants to inherit their citizenship ; This also applies to those who were born in another country, whether or not they have set foot in the land of their ancestors.
Nationality, therefore, can be determined by geographical space, legislation or state authorities. The dynamic nature of the concept means that some people have more than one nationality.
The passport and other documents are issued by the State as recognition of the nationality of the inhabitants.
Rights and obligations
In general, States authorize the exercise of a single active nationality ; This means that the person, despite having two nationalities, only has rights and obligations with one of them at a time.
With respect to nationality linked to a particular State, when a foreign person (or who does not belong to said nation) enters the country, their relationship with the State is regulated by a series of laws, and never manages to be as close as that of a native.
Regarding this link, for private law , nationality is one of the civil statuses of a citizen, and this generates rights (to education, to receive aid from their government) and obligations (to provide military service, to file the tax return corresponding to your tax situation). On the other hand, there is a political link between a citizen and the State, which gives him the right to participate in elections or, in the same way, to run for public office.
Original or derivative nationality
Original nationality is known as that which is acquired at birth; Each legal system combines two aspects to determine it:
* the ius sanguinis : the blood right . The lineage to which each individual belongs, following the criterion that establishes that a person inherits the nationality of his or her mother or father;
* ius soli : the right to land. It is about assigning a person the nationality that corresponds to the territory in which they were born.
On the other hand, there is the so-called derivative nationality , which arises from a modification in the original one. An individual can obtain a particular nationality through three different routes:
* if it is granted by a State to which it is transferred;
* residing for a certain period (variable in each case) in a country and respecting its laws ;
* by own decision.
Derivative nationality can be lost in very serious cases, regulated by the legislature of each country; for example, by joining the army of a country that is an enemy of one's own. It should be noted that some actions also result in the loss of nationality for individuals originating from a State.
For those who lose their original nationality for reasons of force majeure, such as emigration during childhood, there are also ways to recover it, which entail a series of requirements, specific to each country .