43
88.
Although it has traditionally been accepted that the determination and
regulation of nationality are the competence of each State, as this Court has stated,
the evolution in this matter shows that international law imposes certain limits on a
State’s discretionality and that, in the regulation of nationality, it is not only the
competence of States, but also the requirements of the integral protection of human
rights that intervene79.
89.
Peru’s domestic legislation recognizes the right to nationality.
Thus,
according to Article 2(21) of the Peruvian Constitution, “[e]very person has the right
[...] to his nationality. No one may be deprived of it”. In the same way, Article 53
of the Constitution provides that “Peruvian nationality is not lost, unless it is
expressly renounced before the Peruvian authorities”.
90.
The Court observes that it has been proved that Mr. Ivcher was an Israeli
citizen until 1984, and that, subsequently, he acquired Peruvian citizenship by
naturalization (supra para. 76.a). It should be recalled that both the American
Convention and Peru’s domestic legislation recognize the right to nationality without
making a distinction about the way in which it was acquired, either by birth,
naturalization or some other means established in the law of the respective State.
91.
In this regard, the Court has declared that
[n]ationality can be deemed to be the political and legal bond that links a person to a
given state and binds him to it with ties of loyalty and fidelity, entitling him to
diplomatic protection from that State. In different ways, most States have offered
individuals who did not originally possess their nationality the opportunity to acquire it
at a later date, usually, through a declaration of intention made after complying with
certain conditions. In these cases, nationality no longer depends on the fortuity of birth
in a given territory or on parents having that nationality; it is based on a voluntary act
aimed at establishing a relationship with a given political society, its culture, its way of
life and its values80.
92.
The International Court of Justice has also referred to this issue:
Requesting and obtaining [naturalization] is not a common act in the life of an
individual. It entails the rupture of a relation of fidelity and the establishment of
another relation of fidelity. It entails far-reaching consequences and a profound change
in the destiny of the persons who obtains it81.
93.
In this case, it is proved that Mr. Ivcher Bronstein acquired the title of
Peruvian nationality on December 7, 1984, after he had renounced his Israeli
nationality (supra para. 76.b and c). This act linked both Mr. Ivcher and his family
to the political society, the culture, the way of life and the values of Peru.
78
Cf. Castillo Petruzzi et al. case. Judgment of May 30, 1999. Series C No. 52, para. 100; and
Proposed Amendments to the Naturalization Provisions of the Constitution of Costa Rica, supra note 77,
para. 34.
79
Cf. Castillo Petruzzi et al. case, supra note 78, para. 101.
Cf. Proposed Amendments to the Naturalization Provisions of the Constitution of Costa Rica,
supra note 77, para. 35.
80
81
Cf. Nottebohm Case (second phase), Judgment of April 6, 1955: I.C.J. Reports 1955, p. 24.