Natural-born-citizen clause explained

A natural-born-citizen clause is a provision in some constitutions that certain officers, usually the head of state, must be "natural-born" citizens of that state, but there is no universally accepted meaning for the term natural-born. The constitutions of a number of countries contain such a clause but may define or interpret the term natural-born citizen differently. Many countries specify citizenship since birth as a requirement to hold certain offices. This is often described using the natural born phraseology and sometimes further qualified as requiring physical birth within the country's territory (jus soli) and/or requiring that one or both natural parents be a citizen of the country at the time of birth (jus sanguinis).

Nations that have the requirement

Africa

Angola

Article 110 of the 2010 Constitution provides that "Natural born Angolan citizens of over 35 years of age, living in the country for the last 10 years, and enjoying full civil and political rights shall be eligible to the post of President of the Republic."[1]

Ghana

According to Chapter 8, Article 62 of the 1992 Constitution of Ghana, a person shall not be qualified for election as the president of Ghana unless that person is a citizen of Ghana by birth.

Kenya

The person to be elected as president should be a Kenyan citizen by birth.[2]

Liberia

To be eligible for office under the Liberia Constitution, a presidential candidate must:

Nigeria

Chapter VI, Part I, Section 131 of the constitution states that a person may be qualified for election of the office of the president if they are a citizen of Nigeria by birth.[3]

Uganda

Qualifications of the President according to Constitution of Uganda. (Article 102)A person to qualify for election as president must be—(a) a citizen of Uganda by birth;(b) not less than thirty-five and not more than seventy-five years of age; and (c) qualified to be a member of Parliament.[4] [5] [6]

Asia

Indonesia

According to the Article 6 of the 1945 Indonesia constitution, presidential and vice presidential candidates must have been citizens since birth who have never voluntarily acquired another citizenship.[7]

Philippines

See main article: article and President of the Philippines. Article VII, Section 3 of the 1987 Constitution provides that no person may be elected president unless "he or she is a natural-born citizen of the Philippines".

Syria

A new constitution was approved in February 2012.[8] Article 84 of Syria's 2012 constitution requires that candidates for the presidency must:[9]

  1. Be Syrian by birth, of parents who are Syrians by birth

Turkmenistan

Requirements for candidates for president of Turkmenistan include the following:[10]

Europe

Albania

As of Article 89 of the Albanian Constitution sets the following qualifications for holding the presidency, to be a natural-born citizen of the Albanian Republic, to be at least forty years old and to be a resident in the Republic of Albania for at least ten years.[11] [12]

Belarus

In order to be able to run for office, a candidate must be a Belarusian citizen by birth that is over thirty-five years old. The candidate must also have resided within the republic for ten years and able to cast a ballot legally. The provisions are set down in Article 80 of the Constitution.[13]

Finland

According to the first paragraph of Section 54 of the Finnish Constitution, "The President shall be a native-born Finnish citizen."[14] [15] [16]

North America

Costa Rica

According to Article 131 of the Constitution, the president and vice presidents of the Republic must be Costa Rican by birth and citizens in exercise.

Honduras

To be eligible to run for president in Honduras, the candidate is required to be a natural-born Honduran.

Mexico

The constitution of Mexico requires the candidate to be natural-born citizen of Mexico with at least one parent who is a natural-born citizen of Mexico. The person should be at least 35 years of age and should have resided in Mexico for at least 20 years in his entire lifetime and for the entire year before the election. The person should not be a secretary or under-secretary of state, attorney general, or governor of a state at least 6 months prior to the election.[17]

United States

See main article: article and Natural-born-citizen clause (United States). The president and vice president must be a natural-born citizen of the United States, at least 35 years old, and have been a resident of the United States of America for at least 14 years.

South America

Argentina

Article 89 of the Argentine Constitution establishes the requirements for becoming president. The President must be a natural-born citizen of the country.

Brazil

See main article: article and President of Brazil. Article 14, paragraph 3 of the Constitution requires a candidate to be:[18]

Chile

The Constitution of 1980 and its 2005 amendment establishes the requirements for becoming president. The president must be a natural-born citizen of the country, or else born overseas when one of his or her parents or grandparents is a Chilean national. The president must also be at least 35 years old.[19]

Colombia

Colombian Constitution of 1991 Article 191: states that the president must be a natural born citizen of Colombia and at least 30 years of age.[20]

Uruguay

The Constitution amendment establishes the requirements for becoming president. Article 151 establishes that the President must be a natural-born citizen of the country, or have been born to an Uruguayan citizen if born abroad. The President must also be at least 35 years old and be registered in the National Civic Registry.[21]

Venezuela

According to articles 227 and 229 of the Constitution of Venezuela, adopted in 1999, the following requirements must be met in order to become President of Venezuela:[22]

See also

Notes and References

  1. Web site: Constituição da República de Angola . 16 August 2020.
  2. Web site: 14. Citizenship by birth - Kenya Law Reform Commission (KLRC). 2020-09-02. www.klrc.go.ke.
  3. Web site: CONSTITUTIONAL REQUIREMENTS FOR CONTESTING ELECTIONS: OFFICE OF THE PRESIDENCY. 17 October 2014. 2020-05-25.
  4. Web site: limited . https://ghostarchive.org/iarchive/facebook/292989700798190/1365850310178785 . 2022-04-30. Constitution of The Republic of Uganda on Facebook . Facebook.
  5. Web site: limited . https://ghostarchive.org/iarchive/facebook/292989700798190/773936029370219 . 2022-04-30. Constitution of The Republic of Uganda on Facebook . Facebook.
  6. Web site: Helplinelaw. Uganda. 2022-02-16. www.helplinelaw.com. English.
  7. The 1945 Constitution of The Republic of Indonesia. Constitution of the Republic of Indonesia.
  8. MacFarquhar, Neil; Cowell, Alan (February 27, 2012). "Syrians Said to Approve Charter as Battles Go On". The New York Times.
  9. Web site: Syrian Arab Republic's Constitution of 2012 . ConstituteProject.org . February 26, 2012 . June 19, 2017.
  10. Web site: Законодательство - «Туркменистан: золотой век». https://archive.today/20120805173722/http://www.turkmenistan.gov.tm/_ru/laws/?laws=01dw. dead. 5 August 2012.
  11. Web site: KUSHTETUTA E REPUBLIKËS SË SHQIPËRISË. wipo.int. Article 86.2. sq.
  12. Web site: 1998 CONSTITUTION OF THE REPUBLIC OF ALBANIA. osce.org. 17. en. Only an Albanian citizen by birth who has resided in Albania for not less than the past 10 years and who has reached the age of 40 may be elected President..
  13. Webportal of the President of the Republic of Belarus Section Four of the Constitution . Published 1994, amended in 1996. Retrieved June 7, 2007.
  14. Web site: The Constitution of Finland 731/1999 . Finlex - a database of Finnish legislation . 19 July 2021.
  15. Web site: The President of the Republic of Finland: Position and Duties: Election of the President. 2022-02-16. www.presidentti.fi.
  16. Web site: Elections and voting in Finland. 2022-02-16. www.infofinland.fi. en.
  17. Web site: ¿Ser presidente de México es complicado? Estos son los requisitos. Milenio. es. 2020-08-13. 2021-05-26. Mexico City.
  18. Web site: Brazil - Constitution. 2009-01-19.
  19. Web site: Chile Abroad:Embassies, Consulates and Multilateral Missions of Chile . 17 July 2016 . dead . https://web.archive.org/web/20160724164241/http://chile.gob.cl/en/consulados/tramites/para-chilenos/documentos/nacionalidad/ . 24 July 2016 .
  20. Web site: Requisitos para ser candidato presidencial. es.
  21. Web site: Constitución de la República Oriental del Uruguay. www.impo.com.uy. 1 May 2020.
  22. Constitution of the Bolivarian Republic of Venezuela, Chapter 11 – National Executive Power