- Introduction
Citizenship law defines the legal relationship between individuals and the state, encompassing rights, duties, and the sense of belonging within a nation. In Turkey, citizenship is primarily governed by the Turkish Citizenship Law (Law No. 5901) and is further enshrined in the Constitution of the Republic of Turkey. This article examines the fundamental principles of citizenship law as applied in Turkish legal context.
- Principle of Jus Sanguinis (Right of Blood)
Turkey predominantly adheres to the principle of jus sanguinis, where citizenship is acquired through descent. According to Article 66 of the Turkish Constitution:
“Everyone bound to the Turkish state through the bond of citizenship is a Turk.”This implies that individuals born to at least one Turkish parent are granted Turkish citizenship, regardless of their place of birth. This approach emphasizes the importance of lineage in determining nationality.
- Acquisition of Citizenship
3.1. By Birth
As per the Turkish Citizenship Law, a child born to a Turkish mother or father, whether within or outside of marriage, is considered a Turkish citizen from birth. This reinforces the jus sanguinis principle, ensuring the transmission of citizenship through parental lineage.
3.2. By Adoption
A child under 18 adopted by a Turkish citizen automatically acquires Turkish citizenship. This provision facilitates the integration of adopted children into Turkish society by granting them full citizenship rights.
3.3. By Naturalization
Foreign nationals may acquire Turkish citizenship through naturalization, provided they meet specific criteria, including:
• Legal adulthood and capacity.
• Five years of continuous residence in Turkey prior to application.
• Demonstrated intention to settle in Turkey.
• No threat to public health.
• Good moral character.
• Sufficient Turkish language proficiency.
• Adequate income or profession to support oneself and dependents.
• No threat to national security or public order.
Meeting these conditions does not guarantee citizenship, as the decision remains at the discretion of the authorities.
- Loss of Citizenship
Turkish law outlines specific circumstances under which citizenship may be lost:
• Renunciation: Individuals may voluntarily renounce Turkish citizenship, often to acquire another nationality that does not permit dual citizenship.
• Revocation: Citizenship can be revoked if obtained through fraudulent means or if the individual engages in activities seriously prejudicial to the state’s interests.
The law ensures that loss of citizenship does not render an individual stateless, aligning with international human rights standards.
- Dual Citizenship
Turkey permits dual citizenship, allowing individuals to hold Turkish citizenship alongside another nationality. However, dual nationals are required to inform Turkish authorities of their additional nationality. This practice acknowledges the increasing mobility and interconnectedness of individuals in a globalized world.
- Equality and Non-Discrimination
Article 10 of the Turkish Constitution guarantees equality before the law, stating:
“All individuals are equal without any discrimination before the law, irrespective of language, race, color, sex, political opinion, philosophical belief, religion, and sect, or any such considerations.”This principle ensures that all citizens enjoy equal rights and responsibilities, reinforcing the inclusive nature of Turkish citizenship.
- Conclusion
Turkish citizenship law is grounded in the principle of jus sanguinis, emphasizing descent as the primary criterion for nationality. The legal framework accommodates various pathways to citizenship, including birth, adoption, and naturalization, while also addressing the conditions for loss of citizenship and the acceptance of dual nationality. The overarching commitment to equality and non-discrimination reflects Turkey’s dedication to upholding the rights and duties of its citizens within a cohesive legal structure.
