Constitution

El Salvador 1983 Constitution (reviewed 2014)

Table of Contents

TITLE IV. NATIONALITY

Article 90

The following are Salvadorans by birth:

  1. Those born in the territory of El Salvador;
  2. Children of a Salvadoran father or mother, born in a foreign country;
  3. Natives of the other States that constituted the Federal Republic of Central America, who, having a domicile in El Salvador, declare before the competent authorities their desire to be Salvadoran, without requiring them to renounce their nationality of origin.

Article 91

Salvadorans by birth have the right to enjoy double or multiple nationality.

The status of Salvadoran by birth is lost only by an expressed renouncement before a competent authority and may be recovered by petition before the same.

Article 92

The following may obtain Salvadoran status by naturalization:

  1. Native Spaniards and Hispano-Americans with one year’s residence in the country;
  2. Foreigners of any origin, with five years’ residence in the country;
  3. Those who obtain this status from the Legislative Organ for noteworthy services rendered to the Republic;
  4. A foreign man married to a Salvadoran woman or a foreign woman married to a Salvadoran man with two years’ residence in the country, prior to or after the time of marriage.

Nationality by naturalization shall be granted by competent authorities in conformity with the law.

Article 93

International treaties shall regulate the form and conditions in which nationals of countries which do not form part of the Federal Republic of Central America retain their nationality; notwithstanding having acquired Salvadoran nationality by naturalization as long as the principle of reciprocity is respected.

Article 94

The status of naturalized Salvadoran is lost:

  1. By residing for more than two consecutive years in the country of origin or by absence from the territory of the Republic for more than five consecutive years, unless permission was granted in conformity with the law;
  2. By executed sentence, in the cases determined by the law. Anyone who loses his nationality in this manner cannot regain it.

Article 95

Juridical persons constituted in conformity with the laws of the Republic and that have a legal domicile in the country are Salvadorans.

The regulations that the laws establish for the benefit of Salvadorans shall not be weakened by Salvadoran juridical persons whose partners or capital are in their majority foreign.

Article 96

Foreigners, from the instant they arrive in the territory of the Republic, shall be strictly bound to respect the authorities and obey the laws, and shall acquire the right to be protected by them.

Article 97

The laws shall establish the cases and the form in which a foreigner may be refused entry or sojourn in the national territory.

Foreigners who directly or indirectly participate in the internal politics of the country shall lose the right to reside in it.

Article 98

Neither Salvadorans nor foreigners shall in any case make claim against the government for indemnification of any kind for injuries or damages to their persons or property caused by factions. They may do so only against guilty functionaries or private persons.

Article 99

Foreigners shall not resort to diplomatic channels except in case of denial of justice and after exhausting the legal recourses they have available.

A judicial judgment unfavorable to the claimant does not constitute a denial of justice. Those who contravene this provision shall lose the right to reside in the country.

Article 100

Foreigners shall be subject to a special law.

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