Research Paper Number

22/2016

View the research paper on SSRN here.

Document Type

Article

Publication Date

2016

Keywords

Citizenship; Bosnia and Herzegovina; Human Rights; Transnationalism

Abstract

According to Article 15 of the Universal Declaration of Human Rights (UDHR), the right to nationality and citizenship can be considered as a universal human right: ‘(1) everyone has the right to nationality’ and ‘(2) no one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality’. However, the qualifications of the bearer of ‘universal’ rights are unspecified. Equating nationality with citizenship has contributed to a situation where people(s) have to fit the category of being a ‘national’ in order to obtain citizenship. The question of access to national and international rights remains the question of citizenship, and nationality law remains at the core of domestic jurisdiction and state sovereignty. Thus, while the international human rights system and the international community recognize the existence of a universal subject as the bearer of human rights, this recognition is connected to particular concepts of citizenship, statehood, collective identities, and belonging.

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