Bélgica
On January 22, 2026, the Belgian Constitutional Court ruled that certain provisions of Article 11bis of the Belgian Nationality Code were unconstitutional. These provisions required both parents to have had their main residence in Belgium during the ten years preceding a nationality declaration for their child born in Belgium. The court found this requirement discriminatory and in violation of Articles 10 and 11 of the Belgian Constitution.
This landmark decision addresses the challenges faced by families where one parent does not meet the stringent residency requirement, which often led to the denial of Belgian nationality to children born in the country. By striking down this provision, the court has removed a significant barrier, potentially simplifying the process for many families seeking nationality for their children.
The ruling emphasizes the importance of equal treatment and non-discrimination in nationality laws. It sets a precedent for reviewing other legal provisions that may impose undue burdens based on residency status. Legal experts anticipate that this decision will prompt legislative amendments to align the Belgian Nationality Code with constitutional principles, ensuring fairer access to nationality for children born in Belgium.
