Disputes over the Constitutional interpretation of national and proposed solutions
The interpretation of the Constitution of Uruguay that leads to this belief that the language of the Constitution divides citizens into "nationals" and "non-national citizens" comes from the work of one of the most well regarded Uruguayan legal scholars, Justino Jiménez de Aréchaga. In his words: "First, nationality appears to us as a natural bond, derived from birth, from blood." He believed that "nationality corresponds to a certain reality of a sociological or psychological type." Speaking for the drafters of the 1830 constitution, Jiménez de Aréchaga concludes, "The quality of nationality depends, therefore, on one fact: birth within the territory of the State." Because of this, "nationality is irrevocable." This interpretation is found in a volume of one of the fundamental academic interpretative texts used in Uruguay. Other well regarded legal scholars argue that the text of the Constitution does not demand this denial of nationality to the legal citizens of Uruguay. Another issue under discussion is whether Uruguay may be non-compliant in its application of international treaty conventions on statelessness and the application of those conventions under Article 72 of the Uruguayan Constitution as principles of constitutional law. This issue of the practical impact of having two categories of Uruguayan citizens, one national and one not, has led to the introduction of two proposed laws. The first proposed law is called the law of "Consolidación de la Libertad de Circulación de los Ciudadanos Legales Uruguayos", or "Consolidation of the Freedom of Movement of Legal Uruguayan Citizens." It would address certain administrative problems, such as the incongruity of the Uruguayan passport with international standards, but not address the interpretation of the Constitution that is identified above in the words of Jiménez de Aréchaga. The second or alternative law is called "Derecho a la Ciudadanía en Igualdad", or, in English, "Right to Equal Citizenship." citizen groups are working with parliamentarians and scholars to address the issue of proper constitutional interpretation. The association Somos Todos Uruguayos requested a thematic hearing before the Inter-American Commission on Human Rights on 3 December 2023. That request was granted, a rare occurrence, demonstrating the Inter-American Commission on Human Rights' dedication to ending statelessness and addressing arbitrary revocation and denial of nationality. The hearing is scheduled to take place on 1 March 2024 in Washington, D.C. A full set of the submitted documents, annexes, and an overview of the legal issues is available. == See also ==