CYIL vol. 9 (2018)

IVANA JELIĆ CYIL 9 ȍ2018Ȏ other country. The Convention is geared to a reduction of statelessness, conflict of laws, and indirectly of dual citizenship. Having in mind the importance of citizenship to a child, especially in contemporary conditions of living in migration, on refuge, in new state after disolution of the former one, etc. Convention on the Rights of the Child from 1989, in art 7(1), provides that a child should be registered immediately after birth, and has the following rights: to a name from birth, to care, to acquire a nationality and, if possible, the right to know his or her parents and be cared for by them. The Convention in art. 8(2)stipulates that in case of illegal deprivation of citizenship, states are obliged to provide appropriate assistance and protection, with a view to re-establishing it. A comprehensive analysis of international standards and practice on the citizenship as criteria for defining beneficiaries and applicability of minority rights was given by the Venice Commission. 13 Also, in Ljubljana Guideline no. 34. The citizenship is explained as a human right which everyone has. It is stated, in particular, that “laws should not generate statelessness at birth, regardless of the source of statelessness”. 14 Having in mind how important the citizenship is for the individual, in terms of not only exercising his rights and freedoms and his or her protection abroad by the state, but also for his or her identity as a complex phenomenon to which the citizenship can give an additional meaning, the regional international law tends to strengthen the rules concerned which would provide a strong legal certainty. And, it is easiest to be achieved through legal link with one’s country, i. e. through the citizenship. However, it is clear that, at the current level of development and diverse interests within international community, it is not realistic to expect full harmonization of national rules that would regulate acquisition and other relevant issues related to the right on citizenship in a uniform way, although this would led to the disappearance of numerous problems, primarily those deriving from the conflict of laws. This is not easy for realization also due to the fact that citizenship is not only a legal relationship, but also part of the mentality, culture and traditions of a country. Finally, citizenship is a legal and political issue. In that context, the fact to be emphasized is that the sovereignty of the state is undeniable category in the international legal order. Contemporary Issues on Citizenship as a Human Rights, with an Emphasize on Application of International Standards Importance of citizenship as a preciondition for enjoyment of fundamental human rights and freedoms is evident, especially in the context of contemporary migrations and statelessness crisis. A lot of dilemmas have been recently shown in international practice and most of them are present due to inconsistent approach towards refugee and migrant crisis of the European Union. Evidently, the core issue concerns the answer on the question if the citizenship is a fundamental human right or a right of a state deriving from its sovereignity.

13 Venice Commission Report on Non-citizens and Minority Rights adopted at its 69 th plenary session on 15/16 December 2006, CDL-AD(2007)001. 14 Ljubljana Guidelines on Integration of Diverse Societies, OSCE, HCNM, 2012, p. 42.

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