জাতীয়তা

জাতীয়তা একজন ব্যাক্তি এবং রাষ্ট্র এর মধ্যে আইন গত সম্পর্ক। জাতীয়তা রাষ্ট্রকে বাক্তির উপর আইনগত অধিকার এনে দেয় এবং ব্যাক্তিকে এনে দেয় রাষ্ট্রের সুরক্ষা। এসব অধিকার এবং দায়িত্ব কি তার তারতম্য ঘটে রাষ্ট্র থেকে রাষ্ট্রে।

প্রথা এবং আন্তর্জাতিক রীতি অনুযায়ী, এটি প্রত্যেক রাষ্ট্রের অধিকার যা নিরধারন করে কারা সেই রাষ্ট্রের জাতি হবে । এই নির্দেশক গুলো জাতীয়তা আইনের অংশ. কিছু ক্ষেত্রে জাতীয়তার নির্দেশক গুলোও নিয়ন্ত্রিত হয় সরকারী আন্তর্জাতিক আইন দারা— উধাহরনস্বরূপ,রাষ্ট্রহীনতার উপর চুক্তিপত্র এবং জাতীয়তার বিষয়ক ইউরোপীয় সম্মেলন,(European Convention on Nationality)।

জাতীয়তা, নাগরিকতা থেকে কারিগরি এবং আইনগত ভাবে পৃথক, যা বাক্তি এবং দেশের মধ্যে পৃথক ধরনের আইনগত সম্পর্ক।জাতীয়তা বিশেষ্য পদটি উভয় নাগরিক এবং অনাগরিককে বোঝাতে পারে । নাগরিকের সবচেয়ে সাধারন পার্থক্যকারি বৈশিষ্ট্য হচ্ছে নাগরিক রাষ্ট্রের রাজনৈতিক জীবনে অনশগ্রহন করতে পারে, যেমন ভোট দেয়ার মাধ্যমে অথবা নিরবাচনে প্রতিযোগিতা করে. যাইহোক, আধুনিক দেশে সকল জাতিই রাষ্ট্রের নাগরিক এবং পূর্ণ নাগরিকরা রাষ্ট্রের জাতি।

ইংরেজি এবং কিছু অন্য ভাষাতে,জাতীয়তা শব্দটিকে ব্যাবহার করা হয় জাতিগত গোষ্ঠী নির্দেশ করার জন্য। (মানুষের একটি দল যারা একই জাতিয় পরিচিতি, ভাষা, সংস্কৃতি, ইতিহাস এবং আরও অনেক কিছু ভাগাভাগি করে। This meaning of nationality is not defined by political borders or passport ownership and includes nations that lack an independent state (such as the Scots, Welsh, English, Basques, Kurds, Kabyles, Tamils, Hmong, Inuit, Māori and Sikhs).

Individuals may also be considered nationals of groups with autonomous status which have ceded some power to a larger government.

International law

In international law, nationality is the status or relationship that gives a nation the right to protect a person from other nations. Diplomatic and consular protection are dependent upon this relationship between the person and the state. A person's status as being the national of a country is used to resolve the conflict of laws.

Nationality is also the status that allows a nation to grant rights to the subject and to impose obligations upon the subject. In most cases, no rights or obligations are automatically attached to this status, although the status is a necessary precondition for any rights and obligations created by the state.

Within the broad limits imposed by few treaties and international law, states may freely define who their nationals are and are not. However, since the Nottebohm case, other states are only required to respect their claim to protect an alleged national if the nationality is based on a true social bond. In the case of dual nationality, states may determine the most effective nationality for a person, to determine which state's laws are most relevant. There are also limits on removing a person's status as a national. Article 15 of the Universal Declaration of Human Rights states that "Everyone has the right to a nationality," and "No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality."

National law

Nationals normally have the right to enter or return to the country they belong to. Passports are issued to nationals of a state, rather than only to citizens, because the passport is the travel document used to enter the country. However, nationals may not have the right of abode (the right to live permanently) in the countries that grant them passports.

Nationality versus citizenship

Nationality is legally a distinct concept from citizenship. Conceptually, citizenship is focused on the internal political life of the state and nationality is a matter of international dealings.

In the modern era, the concept of full citizenship encompasses not only active political rights, but full civil rights and social rights. Nationality is a necessary but not sufficient condition to exercise full political rights within a state or other polity. Nationality is required for full citizenship, and some people have nationality without having full citizenship. A person who is denied full rights is commonly called a second-class citizen.

Historically, the most significant difference between a national and a citizen is that the citizen has the right to vote for elected officials, and to be elected. This distinction between full citizenship and other, lesser relationships goes back to antiquity. Until the 19th and 20th centuries, it was typical for only a small percentage of people who belonged to a city or state to be full citizens. In the past, most people were excluded from citizenship on the basis of gender, socioeconomic class, ethnicity, religion, and other factors. However, they held a legal relationship with their government akin to the modern concept of nationality.

United States nationality law defines some persons born in U.S. outlying possessions as U.S. nationals but not citizens. British nationality law defines six classes of British national, among which "British citizen" is one class (having the right of abode in the United Kingdom, along with some "British subjects"). Similarly, in the Republic of China, commonly known as Taiwan, the status of national without household registration applies to people who have Republic of China nationality, but do not have an automatic entitlement to enter or reside in the Taiwan Area, and do not qualify for civic rights and duties there. Under the nationality laws of Mexico, Colombia, and some other Latin American countries, nationals do not become citizens until they turn 18.

Nationality versus ethnicity

মূল নিবন্ধ: Ethnic nationalism

Nationality is sometimes used simply as an alternative word for ethnicity or national origin, just as some people assume that citizenship and nationality are identical. In some countries, the cognate word for nationality in local language may be understood as a synonym of ethnicity or as an identifier of cultural and family-based self-determination, rather than on relations with a state or current government. For example, some Kurds say that they have Kurdish nationality, even though there is no Kurdish sovereign state at this time in history.

A Soviet birth certificate, in which the nacional'nost' of both parents (here both Jewish) was recorded. These records were subsequently used to determine the ethnicity of the child, as specified in his internal passport.

In the context of former Soviet Union and former Socialist Federal Republic of Yugoslavia, "nationality" is often used as translation of the Russian nacional'nost' and Serbo-Croatian narodnost, which were the terms used in those countries for ethnic groups and local affiliations within the member states of the federation. In the Soviet Union, more than 100 such groups were formally recognized. Membership in these groups was identified on Soviet internal passports, and recorded in censuses in both the USSR and Yugoslavia. In the early years of the Soviet Union's existence, ethnicity was usually determined by the person's native language, and sometimes through religion or cultural factors, such as clothing. Children born after the revolution were categorized according to their parents' recorded ethnicities. Many of these ethnic groups are still recognized by modern Russia and other countries.

Similarly, the term nationalities of China refers to ethnic and cultural groups in China. Spain is one nation, made up of nationalities, which are not politically recognized as nations (state), but can be considered smaller nations within the Spanish nation. Spanish law recognises the autonomous communities of Andalusia, Aragon, Balearic Islands, Canary Islands, Catalonia, Valencia, Galicia and the Basque Country as "nationalities" (nacionalidades).

Nationality versus national identity

National identity is a person's subjective sense of belonging to one state or to one nation. A person may be a national of a state, in the sense of having a formal legal relationship with it, without subjectively or emotionally feeling a part of that state. Conversely, a person may feel that he belongs to one state without having any legal relationship to it. For example, children who were brought to the U.S. illegally when quite young and grow up there in ignorance of their immigration status often have a national identity of feeling American, despite legally being nationals of a different country.

Dual nationality

Dual nationality is when a single person has a formal relationship with two separate, sovereign states. This might occur, for example, if a person's parents are nationals of separate countries, and the mother's country claims all offspring of the mother's as their own nationals, but the father's country claims all offspring of the father's.

Nationality, with its historical origins in allegiance to a sovereign monarch, was seen originally as a permanent, inherent, unchangeable condition, and later, when a change of allegiance was permitted, as a strictly exclusive relationship, so that becoming a national of one state required rejecting the previous state.

Dual nationality was considered a problem that caused conflict between states and sometimes imposed mutually exclusive requirements on affected people, such as simultaneously serving in two countries' military forces. Through the middle of the 20th century, many international agreements were focused on reducing the possibility of dual nationality. Since then, many accords recognizing and regulating dual nationality have been formed.

Statelessness

Statelessness is the condition in which an individual has no formal or protective relationship with any state. This might occur, for example, if a person's parents are nationals of separate countries, and the mother's country rejects all offspring of mothers married to foreign fathers, but the father's country rejects all offspring born to foreign mothers. Although this person may have an emotional national identity, he or she may not legally be the national of any state.

See also

• Blood quantum laws
• Demonym
• Imagined communities
• Intersectionality
• jus sanguinis
• jus soli
• List of adjectival and demonymic forms for countries and nations
• Nottebohm (Liechtenstein v. Guatemala), a 1955 case that is cited for its definitions of nationality
• Second-class citizen

অতিরিক্ত পড়ুন

• White, Philip L. (2006). What is a nationality?, "Globalization and the Mythology of the Nation State," in A.G.Hopkins, ed. Global History: Interactions Between the Universal and the Local Palgrave Macmillan, pp. 257–284 এর ভিত্তিতে
• Grossman, Andrew. Gender and National Inclusion
• Lord Acton, Nationality (1862)