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Superficially, citizenship appears relatively simple: a legal status denoting political membership. However, critical citizenship studies scholars suggest that citizenship is first and foremost a political practice. When non-citizens, such as irregularised migrants, constitute themselves as citizens through their actions, irrespective of legal status, these practices of citizenship have transformational potential because they are extra-legal. Yet, there is an ambivalence here: rights-claiming migrants tend to frame their key demands within the terms of the law often by calling for the regularisation of their status. This article addresses this ambivalence by adopting a 'deconstructive method' to investigate the legal dimensions of citizenship as sites of theoretical and political intervention. It is argued that practices of rights-claiming by irregularised migrants are important to grasp because they mobilise the paradoxes inherent to the fact that universal rights are enshrined in the constitutional texts of modern citizenship in order to generate new legal meanings and horizons of justice. This hypothesis is explored through a series of illustrative examples of rights-claiming taking place within and beyond the formal confines of legal orders. In so doing, the article sets out a novel conceptual framework for analysing how migrants' claims to justice strategically negotiate citizenship in its legal form. [ABSTRACT FROM AUTHOR]

International treaties guarantee ‘fundamental rights’ for disabled people that ensure them a dignified life. However, access to citizenship is subject to specific criteria, which can be difficult to fulfill for people with disabilities. Consequently, there exists an intersecting policy tension between the exemptions of disabled people from citizenship criteria and migration control; both of which are “neighbouring legal fields” to disability law. This study of the Swiss case compiles and examines Swiss law that pertains to foreign migrants with disabilities and focuses on the following questions: (i) How has the legal framework that regulates access to Swiss citizenship for immigrants with a disability evolved over time? (ii) Has said legal framework become inclusive over time? The main findings are the following: (i) immigration and citizenship policies continue to value an individual’s capacity to contribute to society and (ii) the examined case law has developed to being indirectly ableist.

Abstract Our widely held assumptions about legal identity often lead us to believe that there is a singular, universally accepted definition. Typically, legal identity is understood through the lens of commonly accepted meaning and reference, often derived from legal identity documents such as the Population Identity Card. However, we must question whether this is the sole form of legal identity documentation and if the concept is solely confined within the realm of public administration, with a strictly formal, neutral, and administrative nature. In this article, the Author will explore and contemplate the meaning of legal identity, starting from normative and ethical perspectives. Our exploration of legal identity will take a multidimensional view, considering the diverse characteristics and elements that constitute it. Abstrak Pengertian manusia terhadap identitas hukum kerap diandaikan begitu saja. Ada kesamaan makna dan ada kesesuaian rujukan dari setiap orang yang berbicara tentang identitas hukum. Dokumen identitas hukum kerap menjadi rujukan utama atas arti dari identitas hukum. Kartu Tanda Penduduk sebagai kartu identitas generik yang dapat mengidentifikasikan seseorang menjadi salah satu contohnya. Tetapi apakah hanya itu saja dokumen identitas hukum? Apakah makna identitas hukum hanya terbatas pada bidang administrasi publik dan bersifat formal administratif saja? Tidak. Artikel ini akan membahas dan merefleksikan makna identitas hukum. Sudut pandang normatif dan etis menjadi titik berangkat penulisan artikel ini. Makna identitas hukum akan dilihat secara multidimensional dengan karakter dan elemen-elemen yang membentuknya.

In this study we decided to bring into attention to those passionate about constitutional law some general landmarks concerning acquiring Romanian citizenship as it is currently regulated, but also by highlighting the legislator’s desire to ‘modernize’ the institution through (r)evolution, leaving behind the stability and unity of the Romanian people.

(Series Information) European Papers - A Journal on Law and Integration, 2024 9(1), 377-396 | Article | (Table of Contents) I. Introduction: the need for coordination between the supranational and international levels. – II. Models of coordination. – II.1. The prevalence model. – II.2. The balancing model. – III. Concrete application of the models. – III.1. The prevalence of obligations under customary international law. – III.2. The prevalence of rights and freedoms under EU law. – III.3. The balance of interests: national vs. EU citizenship. – IV. Concluding remarks. | (Abstract) Practice shows the existence of complex legal situations in which customary international rules applicable to the Member States interfere, even indirectly, with the competences of the Union, and vice versa. On the one hand, the implementation of a rule of customary international law by Member States could affect rights and obligations under EU law. On the other hand, the exercise of EU competences could affect the rights and obligations conferred on Member States by customary law. In these situations, the Union must reconcile two “equal and opposite” needs. On the one hand, it must ensure that Member States’ exercise of rights and obligations under customary international law does not undermine the effectiveness of EU law. On the other hand, it must prevent EU competences from interfering with the rules of customary international law applicable to the Member States. This Article aims to explore how the Union reconciles the exercise of EU competences with the exercise of Member States’ competences under customary international law. After examining the most prominent models that could theoretically be used to coordinate the two spheres of competence (section II), the attention will turn to the approach adopted by the ECJ (section III) to determine whether this approach affects the prerogatives of the EU Member States as sovereign states under international law (section IV).

The High Court handed down a trio of cases in 2022--23 regarding ministerial powers to involuntarily deprive an Australian citizen of their citizenship. In the first of these decisions, Alexander v Minister for Home Affairs, the Court considered that the aliens power in section 51(xix) of the Constitution was capable of supporting laws providing for involuntary citizenship deprivation in response to a citizen's conduct. This article challenges that suggestion. I argue that an Australian citizen's allegiance to Australia cannot be unintentionally repudiated by their conduct. Thus, a citizen's conduct alone cannot render them an alien, at risk of losing their citizenship pursuant to a law supported by the aliens power. Ultimately, this view posits a more enduring concept of Australian citizenship. [ABSTRACT FROM AUTHOR]

As both a marriage act and an immigration act, the Expatriation Act of 1907 restricted U.S. women's freedom of marriage by stating that marrying aliens would lead to loss of U.S. citizenship. To study the effects of the Expatriation Act, I conduct a statistical analysis using 1910 full-count U.S. census data. I find that the Expatriation Act of 1907 generated significantly negative effects on intermarriage between American women and foreign-born men, particularly noncitizens. In particular, I find that it was the citizenship, rather than men's non-U.S. origin, that accounted for the negative effects of the Expatriation Act of 1907 on intermarriage. These results show a decline in male immigrants' marital assimilation, and potentially social and economic assimilation. As for the magnitude, the effects were large: the decline in intermarriage was at least 15 percent relative to the pre-Act intermarriage rate. Besides these main results, selective emigration to Canada and Europe driven by intermarriage cannot explain the main empirical results of the paper. The Expatriation Act of 1907 also had no significant effects on women's entry into the marriage market. Finally, the effects of the Expatriation Act of 1907 on intermarriage were heterogeneous by family immigration background, but less so by geographic region. [ABSTRACT FROM AUTHOR]

In 1891, the United States Congress codified a harsher version of the 1882 public charge provision. Commodifying health and pathologizing poverty, the public charge law excluded and deported immigrants termed “likely to become a public charge” according to its conflation of physical, mental, and economic status, shaping America’s image across the world. Though public charge implicated all immigrants, its impact on eastern European Jews captured the attention of pro-immigration American Jewish advocates. My article analyzes American Jewish attorneys and reformers who emphasized that public charge endangered Jewish immigrants who sought admission to and citizenship in the United States. Contesting the administration of the law—and especially the discretion that state officials possessed to enforce it—as un-American and antidemocratic, this coalition endeavored to liberalize public charge by promoting new interpretations of its terminology, reducing its reach, and contesting it through the courts, while contending with the ever-evolving concepts of borders and nationalist restriction. Public charge particularly victimized young Jewish women and girls, whom immigration officials often diagnosed as “mentally defective” despite evidence to the contrary. To illustrate this trend, I explore a case of a Jewish immigrant girl named Esther, diagnosed as insane, subjected to illegal medical examinations, and threatened with imminent deportation over the course of eleven years. I consider how American Jewish communal luminaries intervened on this immigrant’s behalf, simultaneously integrating disability into the field of American Jewish history and investigating how these advocates challenged the premise that illness and impairment disabled immigrants from becoming Americans.

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Beginning in the 1880s, maritime unions sought federal legislation to prevent Chinese, Japanese, Filipino, and Asian Indian sailors from serving as crew members on U.S.-flag vessels. The campaign succeeded and mandatory citizenship requirements for crews remain in the U.S. Code to this day. Similarly, federal and state laws limited the ability of Asians to fish, own fishing boats, or to serve on crews of fishing vessels. Few of these laws targeted Asians by name, but legislative history and contemporary media accounts indicate otherwise. Racial exclusion motivated many facially neutral requirements such as literacy tests and restricted jobs to citizens or those who declared their intention to become citizens. Since U.S. law restricted naturalization by race from 1790 to 1952, the citizenship requirement generated direct racial effects-white immigrants could be sailors or fishers, but not Asian immigrants. This discrimination had several significant characteristics: It was carried out by complementary state and federal law; it was expansive in terms of time and geography, it often used facially neutral categories to carry out intentional racial discrimination, and it is little-known today. These characteristics suggest the pervasive and comprehensive nature of racial discrimination in U.S. law the pre-Civil Rights era.

Inclusion of the clause on the oath at naturalization in the Federal Law “On Citizenship of the Russian Federation” in 2017 makes understanding of historical experience of such an institution in Russia in the past, relevant. The paper is an attempt of comparative legal study of the modern institution of the oath at naturalization and similar institutions that existed in the Ancient Rus’, Moscow state, Russian Empire. It is emphasized that for a long time the institution of the oath was not formaly established; however, it was established at first in relation to natives of Eastern countries, while the oath of Europeans who accepted a Russian citizenship was not regulated in form and content. Authors raise the question to what extent the historical traditions of our country were taken into account in the development of the modern oath of Russian citizenship. To answer this question, the basic elements of the institution of the oath including terms of adjuration, ceremonial, content and legal formalization have been examined. The study is mainly based on the formal-legal, historical-legal and comparative-legal methods.

Chief Justice Taney’s 1857 opinion in Dred Scott v. Sandford is justly infamous for its holdings that African Americans could never be citizens, that Congress was powerless to prohibit slavery in the territories, and for its proclamation that persons of African ancestry “had no rights which the white man was bound to respect.” For all of the interest in and attention to Dred Scott, however, no scholar has previously analyzed United States v. Dow, an 1840 decision of Chief Justice Taney in a circuit court trial which is apparently the first federal decision to articulate a broad theoretical basis for white supremacy. Dow identified whites as the “master” race, and the opinion explained that only those of European origin were either welcomed or allowed to be members of the political community in the American colonies. Non-whites such as members of Dow’s race, Taney explained, could be reduced to slavery, and therefore their rights continued to be subject to absolute legislative discretion. Dow, however, was not a person of African descent—he was Malay, from the Philippines. Chief Justice Taney’s employment in Dow of legal reasoning which he would later apply in Dred Scott suggests that Dred Scott should be regarded as pertinent to all people of color, not only African Americans. This understanding of Dred Scott helps explain the revival of Taney’s reputation during the Jim Crow era after Reconstruction. Courts declined to invalidate restrictions with respect to a broad range of civil rights on citizens and immigrants of African, Indian, Asian, and Mexican ancestry to which whites were not subject. Indeed, whites could not be subject to them, unless it is conceivable that under the U.S. Constitution, the law could provide, for example, that all races would be ineligible to testify or vote because of their race. Accordingly, even after Reconstruction—just as Dred Scott and Dow contemplated—the white race remained the master race, in the sense that members of that race were the exclusive holders of truly inalienable rights.

The exercise of discretionary power by the administration when it performs regulatory or implementation tasks may be necessary, and sometimes politically expedient. It may, however, undermine business confidence and, more generally, citizens’ allegiance to the political system. It is not therefore surprising that many governments are implementing policies for reducing or eliminating administrative discretion3. Access to citizenship status is an important prerequisite for enjoying rights and privileges, such as migration and political rights, as well as for developing a sense of identity and belonging. Since the establishment of Union citizenship, all persons who are nationals or citizens of an EU Member State enjoy the status of EU citizenship, which confers on them a number of additional rights and privileges. However, Member States retain full control over who can be recognized as a citizen. In the last years is also a phenomenon in which member states have proposed more liberal policies related to European citizenship acquisition based on the need to revive their economies and finances or also in order to attract more working forces due to their population which is aging quite fast. The objective of this study is to analyze the discretionary power of the administrative institutions and internal policies of member states in according their citizenship in relation to their obligations toward European Union mainly after February 2022.

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Copyright of University of Sharjah Journal for Humanities & Social Sciences is the property of University of Sharjah - Scientific Publishing Unit and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Aufklärung: Revista de Filosofia is the property of Aufklarung: Revista de Filosofia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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Through my research I investigate the complex topic of citizenship and nationality by examining the evolution of concepts and practices related to citizenship and nationality throughout history. The study proposes a broad approach for understanding the dynamics and consequences of these legal phenomena. The research focuses on the complex relationship between citizenship and nationality and their role in shaping individual and collective identity. At an interdisciplinary level, the reader will discover the interaction between these concepts and society by highlighting the dialectical aspects of inclusion and exclusion. The results are based on relevant case studies, legislative, political, and social changes that have affected citizenship and nationality in different historical periods and in various geographical contexts, with an emphasis on the complexity and dynamics of these concepts. By exploring the history, legislative evolution, and legal and social debates in the field of citizenship and nationality, this study sheds light on the challenges and dilemmas facing contemporary legal systems in managing cultural and social diversity, analyzes theoretical perspectives and current practices on inclusion and exclusion and possible solutions and improvements are proposed to promote social cohesion and respect for human rights.

Through the little known Longchamps Affair, this article explores the interaction between state and national, and popular and legal, conceptions of American citizenship during the founding era. In 1784, French migrant Charles Julien de Longchamps attacked a French diplomat on the streets of Philadelphia, sparking a national debate on what it meant to be an American citizen. While the French government demanded his expatriation, in an unexpected turn of events, Longchamps alleged that he had been naturalised as a citizen of Pennsylvania the day before the attack, and consequently had the right to stand trial in the United States. The affair became a national referendum on the nature of American citizenship. Officials employed a state-centric, legal vision of membership inherited from the colonial period to argue that Longchamps was not an American citizen and advocate for his removal. These claims were disputed in newspaper coverage across the United States, which instead contended that Longchamps' commitment to revolutionary values proved his citizenship, invoking a broader national community. The public perceived Longchamps' fate as inherently tied to their own, demonstrating that a shared sense of belonging across the United States was equally as important as state membership in shaping how citizenship was understood in real terms. The Longchamps Affair provides a window into the ambiguous and contested nature of membership during the founding decades, both in determining what constituted American citizenship, and how the rights conferred by citizenship differed for native-born Americans and naturalized migrants. [ABSTRACT FROM AUTHOR]

The article discusses, first of all, some features of the Vietnamese legislation concerning marriages with foreign citizens and issues of citizenship. The problem of forced and fictitious marriages is also touched upon.Aim. Identification of specifics of the Vietnamese legislation on marriage and family and some topical problems in the field of mixed marriages.Tasks. Analysis of main provisions of the Law on Marriage and Family of Vietnam, the role of international treaties in this sphere, comparison of the situation with fictitious marriages in Vietnam and the Russian Federation.Methods. Comparative legal analysis of the norms of international private law in the field of marriage and family relations, description of the approaches of Vietnamese legislation to limping marriages and remission, as well as analysis of judicial practice in relation to fictitious marriages of Vietnamese citizens in the Russian Federation.Results. The Socialist Republic of Vietnam and the Russian Federation, representing different regions of the world and legal systems, have similar problems in the field of marriage and family relations involving foreign elements, which in Vietnam are exacerbated by social problems and weak protection of the rights of women and girls.Conclusion. The case of Vietnam demonstrates the conclusion of bilateral agreements and of universal conventions enhance eliminating the problem of conflict of law (limping marriages), while participation in international organizations improves the socio-economic situation of the population and develop mechanisms for protecting human rights in the field of marriage and family relations.

Soil is inseparable from all activities of living things. Land is also a source of activity for life and human habitation, especially for Indonesian citizens, where the majority of citizens still rely on land for survival, such as for agricultural land and plantations. The purpose of this study is to analyze the application of legal rules regarding land registration procedures based on Government Regulation Number 18 of 2021 concerning Management Rights, Land Rights, Flats Units, and Land Registration. This research uses the Normative Juridical type of research, which is conceptualized as norms or rules that exist and are obeyed in society, so that they become a reference in behavior. In related arrangements land registration must be based on the principle of legality. In Black's Law Dictionary, legislation/legality has many meanings, one of which is Legislative Action, Drafting and Making Laws and/or Drafting rules for the future. Based on the results of the analysis in this study, it was found that a legal effect was arising related to the implementation of the installation of stakes and related to the principle of delimitation contradictions. [ABSTRACT FROM AUTHOR]

This article analyzes the trajectory of institutional and legislative advances in Brazil as ways of overcoming the social pathology of corruption and as a way of expanding the concept of citizenship. Taking into account the complexity of the theme, the scope of the study includes, at first, the understanding of the concept of citizenship and its connection with fundamental rights from the theory of recognition. In the wake of this analysis it will be possible to realize that corruption works as a social pathology that prevents the development and realization of citizenship. The feeling of injustice is a catalyst for institutional changes in the sense of expanding the concept of citizenship from the institutionalization of advances in the control and fight against corruption.

The right to a nationality is an essential human right. The importance of having a nationality lies in the fact that it is a necessary condition for the protection and enjoyment of certain basic human rights. Consequently, the failure to fulfil the right of a child to get citizenship will have an impact on the fulfillment of their basic rights. This study explores the urgency of granting citizenship status for the statelessness of international refugee children born in Indonesia, and Indonesia’s responsibility to fulfill the right to a nationality for International Refugee children born in Indonesia under International Human Rights Law. This type of research is normative research using statutory and conceptual approaches. The results of this study indicate that, under international human rights law, everyone has the right to have citizenship and be recognized by their nationality from birth, including children born to refugees. Citizenship status in a person has become a practical prerequisite to be able to obtain respect, protection, and optimal fulfillment of human rights. Indonesian laws and regulations provide two approaches to obtaining citizenship status for refugee children born in Indonesia. The first solution is to prevent citizenship through positive law, and the second solution is to provide citizenship through naturalization. It is hoped that the Indonesian government will be proactive in fulfilling its obligation to provide Indonesian citizenship rights in refugee children’s best interests, and the Indonesian government is expected to ratify the 1954 and 1961 Refugee Conventions. Keywords: Human Rights, Right to a Nationality, Citizenship, Stateless. Mengundang Hukum Hak Asasi Manusia Internasional Untuk Mencegah Kewarganegaraan Terhadap Anak Pengungsi Internasional yang Lahir Di Indonesia Abstrak Hak atas kewarganegaraan adalah hak asasi manusia yang esensial. Pentingnya memiliki kewarganegaraan terletak pada kenyataan bahwa itu adalah syarat yang diperlukan untuk perlindungan dan penikmatan hak asasi manusia tertentu. Konsekuensinya, tidak terpenuhinya hak anak untuk mendapatkan kewarganegaraan akan berdampak pada pemenuhan hak dasarnya. Kajian ini mengeksplorasi urgensi pemberian status kewarganegaraan bagi anak pengungsi internasional yang lahir di Indonesia yang tidak berkewarganegaraan, dan tanggung jawab Indonesia untuk memenuhi hak kewarganegaraan bagi anak Pengungsi Internasional yang lahir di Indonesia berdasarkan Hukum Hak Asasi Manusia Internasional. Jenis penelitian ini adalah penelitian normatif dengan menggunakan pendekatan statutoria dan konseptual. Hasil penelitian ini menunjukkan bahwa, berdasarkan hukum hak asasi manusia internasional, setiap orang berhak memiliki kewarganegaraan dan diakui kewarganegaraannya sejak lahir, termasuk anak yang lahir dari pengungsi. Status kewarganegaraan pada diri seseorang telah menjadi prasyarat praktis untuk dapat memperoleh penghormatan, perlindungan, dan pemenuhan hak asasi manusia secara optimal. Peraturan perundang-undangan Indonesia memberikan dua pendekatan untuk memperoleh status kewarganegaraan bagi anak-anak pengungsi yang lahir di Indonesia. Solusi pertama adalah mencegah kewarganegaraan melalui hukum positif, dan solusi kedua adalah memberikan kewarganegaraan melalui naturalisasi. Pemerintah Indonesia diharapkan proaktif dalam memenuhi kewajibannya untuk memberikan hak kewarganegaraan Indonesia untuk kepentingan terbaik bagi anak-anak pengungsi, dan pemerintah Indonesia diharapkan dapat meratifikasi Konvensi Pengungsi tahun 1954 dan 1961. Kata kunci: Hak Asasi Manusia, Hak atas Kewarganegaraan, Kewarganegaraan, Tanpa Kewarganegaraan.

Academic scholarship analyses how citizenship law reforms such as longer residency requirements and tougher language tests reinforce culturally exclusionary national narratives. Citizenship ceremonies however, have largely escaped scholarly attention. Drawing on Australia as a case study, this article addresses that gap. After examining how Australian citizenship is performed at ceremonies, this article argues that although the government states that citizenship ceremonies should welcome new citizens, deep suspicions about the cultural diversity of migrants are also conveyed. This paper contributes to an understanding of how citizenship ceremonies reinforce culturally exclusionary national narratives, even where the legal criteria for acquiring citizenship status is non-discriminatory. This paper also illustrates how citizenship ceremonies are important sites for the construction and communication of legal identities. [ABSTRACT FROM AUTHOR]

Through a close reading of Anton de Kom's Wij slaven van Suriname (We Slaves of Suriname), this essay explores the complex legal, symbolic, social, and political lives of differentially positioned humans in the Dutch colonial and postindependent context. Firstly, De Kom's 1934 book reveals the fundamental dualism between legal subjects and rightless bodies in the Dutch colonial context and how European law and the rights of citizens enabled the maximum exploitation of colonized and enslaved bodies. Contrary to universalist-inclusive and progressive notions of legal citizenship and the law, the concept of what the author terms "citizenship violence" seems appropriate to appreciate the dynamics revealed in Wij slaven. However, as De Kom demonstrates, the colonized were not passive subjects; they resisted citizenship violence in multiple ways. Secondly, in discussing the racialization of citizenship and belonging in contemporary Dutch society as part of broader European patterns, the essay highlights some ominous colonial afterlives. [ABSTRACT FROM AUTHOR]

In 2018, 848 Moroccan railway workers had the French national train company convicted for national origin discrimination. In the French context, this fight and the judicial outcome are remarkable. The absence of class action and the colour blind environment have historically limited mobilization against racial discrimination. This article examines the conditions of this success despite the institutional context. Some peripheral actors tried but failed to impose a racial and post-colonial framing. Only the "national origin discrimination" framework enabled the achievement of the legal case. [ABSTRACT FROM AUTHOR]

In recent decades, events have taken place that can be considered as evidence of change in the concept of citizenship of the national state. The present article answers this question by understanding such importance: What is the evidence for the conceptual transformation of national state citizenship? In response to this question, using the research method: descriptive-analytical, the following results have been obtained: First; Although in the national state, "citizenship" is inherently linked to "citizenship", in recent decades there have been signs of a break in such a connection. Second; This rupture is a clear indication of the challenge to the inherent link between the two concepts: citizenship and citizenship in the national state. Third; This rupture can be considered a fundamental change in the perception of the concept of citizenship in the national state, in a way, this concept is moving further and further away from the context and space of the national. Fourth; In the new situation, citizenship must inevitably be viewed from a new perspective Which can be considered as a possibility of passing from the national state and standing on the threshold of postmodernism, or at least, the status of a "flexible national state." Such a state, some of its classical functions and elements are on the verge of disintegration.

The remains of unlawfully killed individuals can provide evidence concerning human rights violations. The intricate challenges of extrajudicial killings and forced disappearances can complicate legal and procedural processes. These cases often present indicators of suspicious circumstances, necessitating specialised investigative approaches to ascertain the circumstance and cause of death as well as potential human rights violations. This review explores the legal and procedural dimensions of handling the remains of individuals who have been unlawfully killed, critically examining the implementation of legal instruments and their impact on the socio-cultural and political landscape regarding cases of extrajudicial killings and forced disappearances. This study utilised a Python-based web scraper, with an HTML parsing library to aggregate articles on three themes of 1) International law, humanitarian law and laws protecting human remains 2), protection of human remains in cases of extrajudicial killings and forced disappearances and 3), Considerations of socio-cultural, psychosocial factors in the protection of human remains and institutional failures. The programming-based method for locating articles is innovative, and the search covered both English and Spanish languages. This review establishes the tension between psychosocial/cultural requirements and legal practice, and describes community mechanisms such as social services, mental health support for affected families, and citizen initiatives. By emphasising the gap between legal standards and practical execution, the study highlights the need to refine legal guidance and strengthen procedural compliance to uphold the dignity of the deceased and ensure accountability for violations of the right to life. • Disparities between guidance and practical implementation impede investigations of unlawful killings. • Evaluating guidelines influence on local medicolegal systems remains an issue. • Enhanced legal guidance and strengthened procedural adherence are critical for forensic practice. [ABSTRACT FROM AUTHOR]

The principle of personal criminal jurisdiction based on the nationality of the victim in criminal law is the national legislative and judicial jurisdiction over crimes committed against its own citizens abroad. In fact, accepting foreign punishments and sentences is a condition for the national court. The Iranian-British criminal systems are coherent in identifying this type of jurisdiction, however, the maximum range and multiple standardization in Iran versus the minimum range and single standardization of the United Kingdom indicates a kind of differential criminal policy. In Iranian law, personal jurisdiction based on the victim's citizenship can be applied extensively to all crimes with various criteria, including the victim's citizenship relationship with the country of origin, mutual criminalization, prohibition of retrial and retribution, and the presence of the accused in the country. In English Law, on the other hand, personal jurisdiction is limited to specific offenses. Despite sharing the maximum scope, there are also significant differences in multiple standardization between the two penal systems, i.e., in Iran, only in non-prescribed religious crimes, the rule of mutual criminality and the prohibition of trial and retribution of the perpetrator is accepted. Regarding the crimes of hudud, qisas and diyat, the principle of passive personal jurisdiction is applied and in addition to not being bound by mutual criminality, the trial and retribution of the perpetrator are accepted; a strategy that is not compatible with the criminal case in the UK. Therefore, it seems that the exceptional aspect of personal competence based on the citizenship of the victim requires appropriate identification. Accordingly, the British approach is more prudent.