Reflexiones sobre nacionalidad, apatridia y Derechos de los niños. Análisis comparado Entre Colombia y República Dominicana

This research analyzes Colombian and Dominican Republic law in light of international humanrights standards in the case of stateless persons. In the case of Venezuelan forced migration, since2013 to the present date, Colombia has been the main receiver of migrants, by virtue of sharingthe largest land border with Venezuela, which spans the departments of Arauca, Amazonas, and LaGuajira. Recent Colombian legislation against statelessness is studied using the documentary analysismethod, specifically, the Colombian State’s policy as expressed through Law 1997 of September16, 2019, which grants Colombian nationality to the children of Venezuelans born in Colombia.The article formulates socio-legal reflections on nationality and statelessness in light of internationalhuman rights principles (in the Inter-American human rights system, through the Advisory Opinionsand jurisprudence of the Inter-American Court). The article concludes the Colombian State hasupdated its legislation against statelessness, thereby complying with international human rightsstandards. By contrast, legislation of the Dominican Republic violates human rights to equality andnon-discrimination, nationality, legal personality, and access to justice. The article also concludesthat although States have the competence or a margin of appreciation to set requirements and grantnationality, they must do so while observing international human rights law.