1868-(8)

II SÉRIE-A — NÚMERO 66

Recognising that, in matters concerning nationality, account should be taken both of the legitimate interests of States and those of individuals;

Desiring to promote the progressive development of legal principles concerning nationality, as well as their adoption in internal law and desiring

to avoid, as far as possible, cases of statelessness;

Desiring to avoid discrimination in matters relating to nationality;

Aware of the right to respect for family life as contained in article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms;

Noting the varied approach of States to the question of multiple nationality and recognising that each State is free to decide which consequences, it attaches in its internal law to the fact that a national acquires or possesses another nationality;

Agreeing on the desirability of finding appropriate solutions to consequences of multiple nationality and in particular as regards the rights and duties of multiple nationals;

Considering it desirable that persons possessing the nationality of two or more States Parties should be required to fulfil their military obligations in relation to only one of those Parties;

Considering the need to promote international cooperation between the national authorities responsible for nationality matters;

have agreed as follows:

CHAPTER I General matters

Article 1

Object of the Convention

This Convention establishes principles and rules relating to the nationality of natural persons and rules regulating military obligations in cases of multiple nationality, to which the internal law of States Parties shall conform.

Article 2 Definitions

For the purposeof this Convention:

a) «Nationality» means the legal bond between a

person and a State and does not indicate the

person's ethnic origin; 6) «Multiple nationality» means the simultaneous

possession of two or more nationalities by the

same person;

c) «Child» means every person below the age of 18 years unless, under the law applicable to the child', majority is attained earlier;

d) «Internai law» means all types of provisions of the national legal system, including the constitution, legislation, regulations, decrees, case-law, customary rules and practice as well as rules deriving from binding international instruments.

CHAPTER II General principles relating to nationality

Article 3 Competence of the State

1 — Each State shall determine under its own law who are its nationals.

2 — This law shall be accepted by other States in so far as it is consistent with applicable international conventions, customary international law and the principles of law generally recognised with regard to nationality.

Article 4

Principles

The rules on nationality of each State Party shall be based on the following principles:

a) Everyone has the right to a nationality;

b) Statelessness shall be avoided;

c) No one shall be arbitrarily deprived of his or her nationality;

d) Neither marriage nor the dissolution of a marriage between a national of a State Party and an alien, nor the change of nationality by one of the spouses during marriage, shall automatically affect the nationality of the other spouse.

Article 5 Non-discrimination

1 — The rules of a State Party on nationality shall not contain distinctions or include any practice which amount to discrimination on the grounds of sex, religion, race, colour or national or ethnic origin.

2 — Each State Party shall be guided by the principle of non-discrimination between its nationals, whether they are nationals by birth or have acquired its nationality subsequently.

CHAPTER HI Rules relating to nationality

Article 6

Acquisition of nationality

1 — Each State Party shall provide in its internal law for its nationality to be acquired ex lege by the following persons:

a) Children one of whose parents possesses, at the time of the birth of these children, the nationality of that State Party, subject to any exceptions which may be provided for by its internal law as regards children born abroad. With respect to children whose parenthood is established by recognition, court order or similar procedures, each State Party may provide that the child acquires its nationality following the procedure determined by its internal law;

b) Foundlings found in its territory who would otherwise be stateless.

2 — Each State Party shall provide in its internal law for its nationality to be acquired by children born on