Maarten Peter Vink and Gerard-René de Groot
Equal treatment between men and women with regard to the transmission of citizenship to their children was also not completed before the mid-1980s. By the mid-1970s, 19 of our 33 European countries still had to make arrangements for the equal transmission of citizenship via the mother and the father (see Table 1; cf. De Hart and Van Oers 2006: 340– 3). Until very recently, discriminatory provisions could still be found, such as in Switzerland where only in 2006 the provision was abolished that Swiss citizenship was not attributed automatically to the child of a mother who had acquired Swiss citizenship by marriage. The current Austrian provision, that a child born out of wedlock only acquires Austrian citizenship if the mother is an Austrian citizen, is certainly discriminatory with regard to the father (AUT 7(3)).
Many citizenship laws also include reparation clauses for persons who would have acquired citizenship of a country had the equal treatment between men and women been introduced earlier. In the Netherlands, for example, a 2010 revision of the Nationality Act includes a provision for so-called ‘latent Dutch citizens’, who were born to a Dutch mother before 1985 and did not make use of the transitional scheme that was introduced in 1985 for a limited time period. Grandchildren, i.e. persons whose parent(s) were born before 1985 to a Dutch mother, can also acquire now Dutch citizenship if their parent(s) opt for it or they can acquire it themselves through a declaration of option if the relevant parent has died (NET 6(1)(i-o)).
Table 1. Ius sanguinis provisions in Europe
1(1), 1(2); 2(1)
Article in national law
7(1), 7(3); 27
Introduction ius sanguinis a patre et matre 1983* 1985
1948 1945 (YUG)
1949 (CS) 1978
1945/1918 (USSR) 1984
1984 1957 1982
Special requirements for persons born abroad?
– if parent is not born in Belgium: registration within 5 years after birth of child (unless child otherwise stateless) – if only one parent is a national: registration before age of 18, or after establishing residence in Croatia if parent, who is a citizen, is resident outside Cyprus: registration within 2 years after birth of child, or later ‘in any special case and for good cause shown’ – if only father is a national: only when child is born in wedlock –
if only father is a national and child is born out of wedlock: by declaration – if parent is not born in Germany: registration within 1 year after birth of child (unless child otherwise stateless) (since 2000) – – if only father is a national (with evidence of paternity) and child is born out of wedlock: by declaration if parent is not born on isle of Ireland: registration (unless parent works abroad in public service)
RSCAS/EUDO-CIT-Comp. 2010/8 - © 2010 Authors