Abstract

FRAGA ACOSTA, Marcos Antonio. The Protection of the Human Right to Nationality in the Universal System. Historical-Evolutionary and Current Legal Analysis. Derecho glob. Estud. sobre derecho justicia [online]. 2023, vol.9, n.25, pp.249-299.  Epub Jan 22, 2024. ISSN 2448-5136.  https://doi.org/10.32870/dgedj.v9i25.672.

The right to the nationality constitutes one of the human rights subject to protection in the universal system. For this article, a historical-evolutionary and current legal study of the scope and different forms of such protection was carried out, in order to evaluate the protection of this right. Historical and legal analysis were used as methods, based on the bibliographic review of normative provisions, reports, resolutions and other documents related to the matter. As main results, it was obtained that the genesis of the debate on the protection of the right to nationality specified the distinction between stateless persons and refugees. In addition, that in the universal protection system a set of obligations of the States is recognized for the prevention and reduction of statelessness, but the international body in charge of the matter is limited to the promotion, advice and assistance, for which it is insufficient as a protection mechanism.

Keywords : Right to the nationality; statelessness; universal protection system; United Nations High Commissioner for Refugees.

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