CYIL vol. 9 (2018)

IVANA JELIĆ CYIL 9 ȍ2018Ȏ However, despite the limitations arising from the sovereignty of the state and related to the fact that only the state can give the final word whether someone meets the conditions for the acquisition or loss of citizenship, the right to citizenship forms part of the corpus of human rights, albeit a very vulnerable right. Its vulnerability is confirmed and depending on the socio-political situation, both at the international and at the national level. The main problem in connection with realization of citizenship is essentially related to the conflict of laws of the countries in terms of its acquisition. Social circumstances, primarily economic and political conditions, as well as the criteria for acquiring the status of a citizen of a particular country, which is present from the beginning of the stipulating of citizenship in most legislations, are the obstacles for the removal of a conflict of laws in the matter of citizenship. 27 Unfortunately, in practice, these conflicts usually end unfavorably for individuals, leaving them without citizenship, despite the global struggle to reduce statelessness. The problem of stateless persons, whose status remains vulnerable, constitutes both legal and moral challenge, and realization of their rights and freedoms stays in the sphere of legal vacuum, which has to be solved. Thus, the right to citizenship could be treated as surviving issue between the law and politics in a multicultural world, full of challenges concerning human rights protection.

27 ČOK, V. Pravo na državljanstvo . ( Right to Nationality ). Beogradski centar za ljudska prava, Dosije, Beograd, 1999, p. 37.

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