The Impact of Nationality Revocation on Derivative Nationals: An Analytical Study of Law No. 15 of 1959 and its Amendments Concerning Kuwaiti Nationality .

Document Type : Original Article

Author

Faculty of Law – Kuwait University

Abstract

The acquisition of a state's nationality by an individual can extend to their family members, such as the spouse and children, leading to the unification of the family's nationality. This is known as "derivative nationality." The state grants derivative nationality to achieve family harmony and facilitate administrative matters. Just as the state has the right to grant nationality, it also has the right to revoke an individual's nationality without their consent. When a state grants nationality derivatively and then revokes the primary individual's nationality, it is necessary to consider the fate of those who acquired nationality through that individual, as the reasons for nationality unification no longer exist. When an individual acquires nationality, they gain legal status and rights, and develop a sense of citizenship. Consequently, international treaties and conventions have evolved significantly in regulating nationality revocation. Contemporary jurisprudence views revocation as a threat to citizenship and a primary cause of statelessness. These considerations have led legislators to reconsider and restrict nationality revocation systems, ensuring that revoking an individual's nationality does not automatically lead to the revocation of derivative nationality except in specific cases that consider justice and human rights principles. This research will focus on the cases of nationality revocation for those who acquired it derivatively according to the Kuwaiti Nationality Law No. 15 of 1959 and its amendments. The aim is to highlight and analyze these cases, assess their compliance with internationally recognized principles, and evaluate their consideration of human rights and justice principles.

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