Citizenship Rights of Refugees
Refugee Citizenship Rights: A Possibility or an Exception in International Law?
(A Current Assessment from the Perspective of International Protection and Citizenship Law – 2025)
Globally, more than 120 million people are forced to migrate due to war, persecution, or environmental reasons . While the vast majority live as refugees , very few are able to obtain citizenship . So, is the right to citizenship for refugees a fundamental right under international law , or merely an exceptional possibility ?
This article aims to examine the naturalization of refugees international law, the United Nations (UN) , and Turkish legislation .
🔹 1. Legal Definition of the Refugee Concept
The definition of refugee status the 1951 Geneva Convention.
"A person who leaves their country fearing persecution because of their race, religion, nationality, membership of a particular social group, or political opinions, and who is unable to benefit from the protection of that country."
Turkey has imposed a geographical limitation on the agreement, accepting only those arriving from Europe as refugees. Those from other countries are considered under "conditional refugee" or "temporary protection" status.
🔹 2. The Relationship Between Refugees and Citizenship
Citizenship the political and legal bond.
Refugees, on the other hand, close to statelessness .
Therefore, for refugees to be able to acquire citizenship of a new state means regaining a secure status , both in terms of identity and legally
But the fundamental question here is:
➡️ Is the right to citizenship for refugees “a human right,” or is it a privilege left to the discretion of states?
🔹 3. The Foundations of Citizenship Rights in International Law
📘 A. United Nations Universal Declaration of Human Rights (1948), Article 15
“Everyone has the right to a nationality. No one shall be arbitrarily deprived of their nationality or denied the right to change their nationality.”
This article defines citizenship as a human right . However, instead of telling states that "you are obliged to grant citizenship," it only imposes an obligation not to arbitrarily refuse it .
📘 B. 1951 Geneva Convention on Refugees – Article 34
“States parties shall make the necessary arrangements as soon as possible to facilitate the acquisition of citizenship by refugees.”
This provision explicitly incentives , but an obligation .
Therefore, citizenship for refugees is not a right , but a discretionary opportunity granted by the state.
📘 Treaty of 1961 on the Reduction of Nationality of Stateless Persons
This agreement stateless persons acquiring new citizenship.
However, this is not an "obligation," but rather a call to states.
🔹 4. Citizenship for Refugees: An Opportunity or a Right?
| Approach | Legal Basis | Conclusion |
|---|---|---|
| Opportunity View | The principle of state sovereignty, Article 34 of the 1951 Convention | The state will provide it if it wishes; there is no obligation. |
| View of Rights | UN Declaration of Human Rights Article 15, European Human Rights Law | The citizenship application of long-term refugee residents may fall under the scope of human rights. |
Today, most states view the granting of citizenship to refugees as a "discretionary privilege." However, with the case law of the European Court of Human Rights (ECtHR) , this situation has approached the dimension of a "right based on human dignity" for long-term refugees .
🔹 5. Case Law of the European Court of Human Rights (ECtHR)
📜 Genovese v. Malta (2011)
While the court acknowledges that citizenship is an absolute discretion of a state, it has stated that discrimination or arbitrariness may constitute a violation under Articles 14 and 8 of the ECHR
📜 Karassev v. Finland (1999)
The European Court of Human Rights has emphasized that citizenship is a fundamental element of human identity, and therefore states must adhere to the principles of proportionality and good faith when implementing their citizenship policies
These decisions have introduced a system of controllable discretion, rather than complete discretion, in the naturalization of refugees
🔹 6. Citizenship Acquisition for Refugees in Türkiye
In Turkey, refugees can acquire citizenship under the Turkish Citizenship Law No. 5901. However, this is not automatic ; it is an exceptional right subject to the discretion of the administration.
📘 Legal Basis: Article 12 of the Turkish Citizenship Law (Exceptional Citizenship)
"Individuals who have made significant contributions to Türkiye in the fields of science, technology, economics, social or cultural areas, as well as immigrants, may acquire Turkish citizenship by presidential decree."
Within this framework, citizenship has been granted to certain Syrians under temporary protection who meet specific criteria. However, this is not a right , but an opportunity granted by state decision .
🔹 7. Problems Encountered in Acquiring Citizenship
⚠️ 1. Long Waiting Times and Arbitrary Refusal Decisions
Citizenship applications can take years to process. Appeals are also limited.
⚠️ 2. Legal Uncertainty (Distinction Between Temporary Protection and Refugee Status)
Since the majority of Syrians in Türkiye have "temporary protection" status rather than "refugee" status, there are complications in the citizenship application process.
⚠️ 3. Social Reaction and Political Restrictions
Refugees granted citizenship may face public backlash, which influences the administration's political discretion.
⚠️ 4. Lack of International Oversight
Apart from the recommendations of the UN High Commissioner for Refugees (UNHCR) , there is no binding mechanism for the implementation of Article 34 of the 1951 Convention
🔹 8. The Importance of Citizenship for Refugees
Refugee status is based on transience ; citizenship brings permanence . For a refugee, acquiring citizenship means:
- End of legal uncertainty,
- Freedom of movement,
- Social security,
- The right to education and work,
- It means social integration
Therefore, in UN and EU policies, citizenship the final stage of integration .
🔹 9. Legal Recommendations for the Future
✅ 1. States should concretize Article 34 of the 1951 Convention in practice.
✅ 2. An automatic citizenship pathway should be provided for long-term refugees.
✅ 3. Judicial review of citizenship applications should be expanded.
✅ 4. A joint monitoring mechanism with the UN should be established to combat statelessness.
✅ 5. Refugee integration should be supported by increasing public awareness campaigns.
🔹 10. Result
The right of refugees to citizenship is a possibility recognized under international law , but not a mandatory one.
That is, this right of human dignity ; however, state sovereignty .
It originates as a "right" in law,
but is applied as a "privilege" in practice.
In a world where refugee status becomes a permanent phenomenon, citizenship should no longer be seen merely as a legal obligation , but as a matter of humanity .
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