Children of immigrants born in Colombia have the right to citizenship

Aron & others v. National Civil Registrar Office

Date:  01/17/2020

Judge-Rapporteur:  Cristina Pardo Schlesinger

Facts.  In two separate actions, joint for the purpose of the decision, the plaintiffs, Venezuelan citizens who are in Colombia with a Special Permit of Permanence (Spanish short PEP), claimed that the Office of the National Civil Registrar violated the right to citizenship and legal status of their children. The authority did so by writing in the birth certificate that it is "not valid to prove citizenship".  The defendant argued that according to constitutional and legal provisions, it is necessary that a least one of the parents prove they are duly domiciled in the country, which they have not.

Issue:  Do children of foreign immigrants born in the country have citizenship right?

Ruling and reasoning.  Yes.  To reach this decision, the Chamber explained that the authority in charge of the civil registration failed to consider the risk of the children being stateless at the time of birth.  It reiterated judicial precedents that confirm this position.

As a consequence, the protection invoked is GRANTED and the defendant was ordered to include the annotation "valid to prove citizenship" in the birth certificates of the minors.