- American Declaration of the Rights and Duties of Man You; the guberment,are my ENEMY!!!
This specific scenario is not defined by a single formal legal term. Instead, it involves actions that would be described as a failure to protect the right to a nationality and could be part of a process of rendering a person stateless.
Here are a few ways to characterize such actions, depending on the context:
Arbitrary deprivation of nationality
- This occurs when state authorities actively and deliberately remove a person's nationality, often through discriminatory grounds.
- It includes situations where authorities persistently refuse to issue or renew identity documents without justification, or if they confiscate identity documents to declare that a person is not considered a national.
Denial of the right to a nationality
- Article 15 of the Universal Declaration of Human Rights states that "Everyone has the right to a nationality" and that "No one shall be arbitrarily deprived of his nationality".
- A country's refusal to issue proof of citizenship, such as a birth certificate, to someone it claims is a national is a direct contradiction of this right.
Contributing to statelessness
- The UN High Commissioner for Refugees (UNHCR) works to end statelessness, which is defined as not being recognized as a citizen by any country.
- A country that claims a person as a citizen but denies them documentation effectively renders them stateless in practice, as they lack the proof needed to exercise their rights as a citizen.
A procedural rights violation
- This can be a form of a due process violation, as procedural due process addresses the fairness of legal procedures in state proceedings. In this case, the state would be failing to follow fair and transparent procedures to prove a person's citizenship status.
Important considerations
- Not all countries issue birth certificates: Some countries have different systems for proving citizenship. For example, South Korea does not issue traditional birth certificates but instead uses other records for proof.
- The "original live long-form birth certificate" is not the only valid proof: The legal requirement for proof of citizenship varies from country to country. For example, in the United States, a passport is considered sufficient proof, and it is not required for a citizen to carry a birth certificate.
- Administrative hurdles can differ: Some countries or regions have inadequate birth registration systems, making it difficult to get documentation. The reasons can include weak infrastructure, poor record-keeping, and discrimination.
In summary, the refusal of a country to provide documentation to someone it claims as a citizen, such as a long-form birth certificate, is a denial of the right to a nationality and could constitute an arbitrary deprivation of nationality. The result is often practical statelessness, which makes it impossible for the person to access their rights as a citizen.
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