What is the right to citizenship?

There citizenship it is a concept, a discourse, interdisciplinary between law, history, political science, and sociology. The citizen is the one who has one statethat is, a complex of legal positions advantage, such as rights, and disadvantage, such as duties, which derive from a organic link with the territory of the country of origin. People who do not have the citizenship of a state are foreignerswhen they have that of another state, e stateless, on the other hand, when they have no citizenship. There Nationalitydifferent used improperly as a synonym for citizenship, it indicates membership in a nation, a condition it may have in some legal systems. legal relevance without detriment from the citizenry.

Citizenship is the condition of the natural person, the cd citizento which the State recognizes the fullness of rightsthe expectations and claims that derive from this relationship, in the sense of a precise legal relationship between citizen and state. Art. 15 of the Universal Declaration of Human Rights states that “Everyone has the right to citizenship. No individual shall be arbitrarily deprived of his nationality nor denied the right to change his nationality. “. Therefore, the right to citizenship it consists in the right to have rights and duties. Our Constitution It does not contain expressly a definition of citizen, which, unlike the transalpine experience, belongs to the Ordinary legislator. Art. 22 of the Constitution states that “No one can be deprived, for political reasons, of legal capacity, citizenship, name”implicitly recognizing a right to citizenship.

Everyone has the right to citizenshipbut citizenship is not a right, it is a legal relationship between an individual and a community. Citizenship and citizenship are the terms of a legal relationship that gives rise to who you are defines the status in which the dimension of the citizen is translated with respect to the state. In particular, citizenship is closely linked to question of rights, rights of liberty and duties. Citizenship and citizenship therefore indicate links that common to individuals belonging to aa same political communityand precisely because of this, they close the correspondents notions and sets of rights and duties.

The citizen differs from the topicone who is subject to the sovereignty of a State, for whose condition it implies, in itself, legal situations purely passive, such as homework and subjects. When the state recognizes the subject civil and political rightsthat become a citizen. However, even in a state that recognizes these rights, they can exist simple topicssubject to state sovereignty however without citizenship rights. Historically, this has been the case for indigenous peoples’ possessions colonial typesince in some cases they were granted certain rights although limited compared to those recognized as true citizens; the so-called small citizenship.

Citizenship is the set of rights and duties that guarantee the full membership in a companyand is therefore the tool for equality and non-discrimination of individuals. The content of citizenship is, therefore, a set of rights and duties. The concept of citizenship is linked to ownership of certain rightshe said precisely citizenship rights, enunciated in the Constitutions and the Declarations of Rights. In the context of citizenship rights, a distinction is made between civil rights and political rights, to which, later, are also added social rights.

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