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At Home in Two CountriesThe Past and Future of Dual Citizenship$
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Peter J. Spiro

Print publication date: 2016

Print ISBN-13: 9780814785829

Published to NYU Press Scholarship Online: January 2017

DOI: 10.18574/nyu/9780814785829.001.0001

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Dual Citizenship as Human Right

Dual Citizenship as Human Right

(p.111) 7 Dual Citizenship as Human Right
At Home in Two Countries

Peter J. Spiro

NYU Press

This chapter builds on the growing global acceptance of dual citizenship to suggest that it may rise to the level of a right. Where an individual is eligible for dual citizenship (that is, where an individual would otherwise qualify for citizenship in each of two or more states), states should be constrained from standing in the way. Dual citizenship is often a matter of actuating individual identity and reflects associational urges. This is clear in the case of the child who inherits citizenship from each of two parents. Other associational memberships are protected, absent of a compelling interest on the government’s part to intervene. There were once good reasons to limit multiple state memberships, which explains the historical disfavor attached to the status. Now that dual citizenship no longer threatens world order in any concrete way, an individual’s interest in retaining or acquiring the status should be vindicated as a human right.

Keywords:   dual citizenship, human right, state memberships

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