The aim of this paper is to explore the interconnection between the right to citizenship, in its strict legal sense, and the principle of human dignity. To this end, different uses of the principle of human dignity in the case law of the Inter-American Court of Human Rights and the Supreme Court of the United States concerning the right to citizenship are surveyed. These cases – introducing the principle according to which human dignity, as the moral foundation of human rights, provides the theoretical foundation also for the right to nationality – are compared to judgments delivered on the same issue by the European Court of Human Rights as well as the House of Lords and the Supreme Court of the United Kingdom, where, on the contrary, the idea of a dignity-based right to nationality is absent.
The Right to Citizenship and Human Dignity
Maria Dicosola
2022-01-01
Abstract
The aim of this paper is to explore the interconnection between the right to citizenship, in its strict legal sense, and the principle of human dignity. To this end, different uses of the principle of human dignity in the case law of the Inter-American Court of Human Rights and the Supreme Court of the United States concerning the right to citizenship are surveyed. These cases – introducing the principle according to which human dignity, as the moral foundation of human rights, provides the theoretical foundation also for the right to nationality – are compared to judgments delivered on the same issue by the European Court of Human Rights as well as the House of Lords and the Supreme Court of the United Kingdom, where, on the contrary, the idea of a dignity-based right to nationality is absent.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
