Abstract

ABUGATTāS, Gattās. Constitutional amendment of the right to peruvian nationality. Derecho [online]. 2020, n.84, pp.131-153. ISSN 0251-3420.  http://dx.doi.org/10.18800/derechopucp.202001.005.

In 2018, article 52 of the Political Constitution of Peru of 1993, which regulates the ways in which Peruvian nationality is acquired and granted, was modified. With this amendment, will be considered Peruvians «by birth», among other cases, not only those persons born abroad of a Peruvian father or mother who are registered during their minority in the corresponding registry, but also those who, in that condition, are registered during their age of majority.

This paper explains what should be understood by nationality; develops the role of domestic law and international law in the regulation of this human right, which is also necessary to be able to exercise some other rights; presents Peruvian constitutional regulation of nationality, detailing the amendment process of article 52 of the Constitution; to finally make a critical analysis of this reform.

The purpose of this paper is to demonstrate that there is no justification for establishing differences between persons born abroad of a Peruvian father or mother who are registered during their minority in the corresponding registry, who acquire nationality «by birth», and those who, in that condition, are registered during their age of majority, who -before the amendment- were granted nationality for exercising the «right of option», which did not allow them access to all constitutional rights.

Keywords : Nationality; «right of option»; jus sanguinis; constitutional amendment; article 52 of the Political Constitution of Peru; Law N° 30738.

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