Resumen

RODRIGUEZ-VAZQUEZ, MIGUEL ÁNGEL; AVILA-HERNANDEZ, FLOR MARÍA  y  DE LOS SANTOS, ISIDRO. LEGAL REFLECTIONS ON NATIONALITY, STATELESSNESS, AND CHILDREN'S RIGHTS. A COMPARATIVE ANALYSIS BETWEEN COLOMBIA AND THE DOMINICAN REPUBLIC. Novum Jus [online]. 2020, vol.14, n.2, pp.197-231.  Epub 07-Ago-2022. ISSN 1692-6013.  https://doi.org/10.14718/novumjus.2020.14.2.9.

This research analyzes Colombian and Dominican Republic law in light of international human rights standards in the case of stateless persons. In the case of Venezuelan forced migration, since 2013 to the present date, Colombia has been the main receiver of migrants, by virtue of sharing the largest land border with Venezuela, which spans the departments of Arauca, Amazonas, and La Guajira. Recent Colombian legislation against statelessness is studied using the documentary analysis method, specifically, the Colombian State's policy as expressed through Law 1997 of September 16, 2019, which grants Colombian nationality to the children of Venezuelans born in Colombia. The article formulates socio-legal reflections on nationality and statelessness in light of international human rights principles (in the Inter-American human rights system, through the Advisory Opinions and jurisprudence of the Inter-American Court). The article concludes the Colombian State has updated its legislation against statelessness, thereby complying with international human rights standards. By contrast, legislation of the Dominican Republic violates human rights to equality and non-discrimination, nationality, legal personality, and access to justice. The article also concludes that although States have the competence or a margin of appreciation to set requirements and grant nationality, they must do so while observing international human rights law.

Palabras clave : statelessness; refugee; forced migration; nationality; international human rights law.

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