Article 6 Acquisition of nationality

Geldend

Documentgegevens:

Geldend vanaf 01-03-2000

Bronpublicatie:: 06-11-1997, Trb. 1998, 10 (uitgifte: 16-01-1998, kamerstukken/regelingnummer: -)
Inwerkingtreding: 01-03-2000
Bronpublicatie inwerkingtreding:: 27-03-2001, Trb. 2001, 40 (uitgifte: 01-01-2001, kamerstukken/regelingnummer: -)
Vakgebied(en): Staatsrecht / Nationaliteitsrecht
Internationaal publiekrecht / Fundamentele rechten van staten

1.

Each State Party shall provide in its internal law for its nationality to be acquired ex lege by the following persons:

a): children one of whose parents possesses, at the time of the birth of these children, the nationality of that State Party, subject to any exceptions which may be provided for by its internal law as regards children born abroad. With respect to children whose parenthood is established by recognition, court order or similar procedures, each State Party may provide that the child acquires its nationality following the procedure determined by its internal law;
b): foundlings found in its territory who would otherwise be stateless.

2.

Each State Party shall provide in its internal law for its nationality to be acquired by children born on its territory who do not acquire at birth another nationality. Such nationality shall be granted:

a): at birth ex lege; or
b): subsequently, to children who remained stateless, upon an application being lodged with the appropriate authority, by or on behalf of the child concerned, in the manner prescribed by the internal law of the State Party. Such an application may be made subject to the lawful and habitual residence on its territory for a period not exceeding five years immediately preceding the lodging of the application.

3.

Each State Party shall provide in its internal law for the possibility of naturalisation of persons lawfully and habitually resident on its territory. In establishing the conditions for naturalisation, it shall not provide for a period of residence exceeding ten years before the lodging of an application.

4.

Each State Party shall facilitate in its internal law the acquisition of its nationality for the following persons:

a): spouses of its nationals;
b): children of one of its nationals, falling under the exception of Article 6, paragraph 1, sub-paragraph a;
c): children one of whose parents acquires or has acquired its nationality;
d): children adopted by one of its nationals;
e): persons who were born on its territory and reside there lawfully and habitually;
f): persons who are lawfully and habitually resident on its territory for a period of time beginning before the age of 18, that period to be determined by the internal law of the State Party concerned;
g): stateless persons and recognised refugees lawfully and habitually resident on its territory.