Resolução da Assembleia da República n.º 106/2012, de 07 de Agosto de 2012
Resolução da Assembleia da República n.º 106/2012 Aprova, para adesão, a Convenção para a Redução dos Casos de Apatridia, adotada em Nova Iorque em 30 de agosto de 1961 A Assembleia da República resolve, nos termos da alínea
i) do artigo 161.º e do n.º 5 do artigo 166.º da Cons- tituição, aprovar, para adesão, a Convenção para a Redução dos Casos de Apatridia, adotada em Nova Iorque em 30 de agosto de 1961, cujo texto, na versão autenticada na lín- gua inglesa, bem como a respetiva tradução para língua portuguesa, se publicam em anexo.
Aprovada em 8 de junho de 2012. A Presidente da Assembleia da República, Maria da Assunção A. Esteves.
CONVENTION ON THE REDUCTION OF STATELESSNESS The Contracting States: Acting in pursuance of resolution 896 (IX), adopted by the General Assembly of the United Nations on 4 De- cember 1954; Considering it desirable to reduce statelessness by in- ternational agreement: Have agreed as follows: Article 1 1 — A Contracting State shall grant its nationality to a person born in its territory who would otherwise be state- less.
Such nationality shall be granted:
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At birth, by operation of law; or
b) Upon an application being lodged with the appro- priate authority, by or on behalf of the person concerned, in the manner prescribed by the national law.
Subject to the provisions of paragraph 2 of this article, no such ap- plication may be rejected.
A Contracting State which provides for the grant of its nationality in accordance with subparagraph
b) of this pa- ragraph may also provide for the grant of its nationality by operation of law at such age and subject to such conditions as may be prescribed by the national law. 2 — A Contracting State may make the grant of its natio- nality in accordance with subparagraph
b) of paragraph 1 of this article subject to one or more of the following conditions:
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That the application is lodged during a period, fixed by the Contracting State, beginning not later than at the age of eighteen years and ending not earlier than at the age of twenty -one years, so, however, that the person concerned shall be allowed at least one year during which he may himself make the application without having to obtain legal authorization to do so;
b) That the person concerned has habitually resided in the territory of the Contracting State for such period as may be fixed by that State, not exceeding five years immediately preceding the lodging of the application nor ten years in all;
c) That the person concerned has neither been convicted of an offence against national security nor has been sen- tenced to imprisonment for a term of five years or more on a criminal charge;
d)That the person concerned has always been stateless. 3 — Notwithstanding the provisions of paragraphs 1, subparagraph
b), and 2 of this article, a child born in we- dlock in the territory of a Contracting State, whose mother has the nationality of that State, shall acquire at birth that nationality if it otherwise would be stateless. 4 — A Contracting State shall grant its nationality to a person who would otherwise be stateless and who is unable to acquire the nationality of the Contracting State in whose territory he was born because he has passed the age for lodging his application or has not fulfilled the required residence conditions, if the nationality of one of his parents at the time of the person’s birth was that of the Contracting State first above -mentioned.
If his parents did not possess the same nationality at the time of his birth, the question whether the nationality of the person concerned should follow that of the father or that of the mother shall be determined by the national law of such Contracting State.
If application for such nationality is required, the application shall be made to the appropriate authority by or on behalf of the applicant in the manner prescribed by the national law.
Subject to the provisions of paragraph 5 of this article, such application shall not be refused. 5 — The Contracting State may make the grant of its na- tionality in accordance with the provisions of paragraph 4 of this article subject to one or more of the following conditions:
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That the application is lodged before the applicant reaches an age, being not less than twenty -three years, fixed by the Contracting State;
b) That the person concerned has habitually resided in the territory of the Contracting State for such period immediately preceding the lodging of the application, not exceeding three years, as may be fixed by that State;
c) That the person concerned has always been stateless.
Article 2 A foundling found in the territory of a Contracting State shall, in the absence of proof to the contrary, be considered to have been born within that territory of parents possessing the nationality of that State.
Article 3 For the purpose of determining the obligations of Con- tracting States under this Convention, birth on a ship or in an aircraft shall be deemed to have taken place in the territory of the State whose flag the ship flies or in the territory of the State in which the aircraft is registered, as the case may be.
Article 4 1 — A Contracting State shall grant its nationality to a person, not born in the territory of a Contracting State, who would otherwise be stateless, if the nationality of one of his parents at the time of the person’s birth was that of that State.
If his parents did not possess the same nationality at the time of his birth, the question whether the nationality of the person concerned should follow that of the father or that of the mother shall be determined by the national law of such Contracting State.
Nationality granted in accordance with the provisions of this paragraph shall be granted:
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At birth, by operation of law; or
b) Upon an application being lodged with the appro- priate authority, by or on behalf of the person concerned, in the manner prescribed by the national law.
Subject to the provisions of paragraph 2 of this article, no such ap- plication may be rejected. 2 — A Contracting State may make the grant of its na- tionality in accordance with the provisions of paragraph 1 of this article subject to one or more of the following conditions:
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That the application is lodged before the applicant reaches an age, being not less than twenty -three years, fixed by the Contracting State;
b) That the person concerned has habitually resided in the territory of the Contracting State for such period immediately preceding the lodging of the application, not exceeding three years, as may be fixed by that State;
c) That the person concerned has not been convicted of an offence against national security;
d) That the person concerned has always been stateless.
Article 5 1 — If the law of a Contracting State entails loss of nationality as a consequence of any change in the per- sonal status of a person such as marriage, termination of marriage, legitimation, recognition or adoption, such loss shall be conditional upon possession or acquisition of another nationality. 2 — If, under the law of a Contracting State, a child born out of wedlock loses the nationality of that State in consequence of a recognition of affiliation, he shall be given an opportunity to recover that nationality by written application to the appropriate authority, and the conditions governing such application shall not be more rigorous than those laid down in paragraph 2 of article 1 of this Convention.
Article 6 If the law of a Contracting State provides for loss of its nationality by a person’s spouse or children as a con- sequence of that person losing or being deprived of that nationality, such loss shall be conditional upon their pos- session or acquisition of another nationality.
Article 7 1 —
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If the law of a Contracting State permits renun- ciation of nationality, such renunciation shall not result in loss of nationality unless the person concerned possesses or acquires another nationality.
b) The provisions of subparagraph
a) of this paragraph shall not apply where their application would be incon- sistent with the principles stated in articles 13 and 14 of the Universal Declaration of Human Rights approved on 10 December 1948 by the General Assembly of the United Nations. 2 — A national of a Contracting State who seeks natu- ralization in a foreign country shall not lose his nationality unless he acquires or has...
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