Jus sanguinis

Last updated

Jus sanguinis (Latin : right of blood) is a principle of nationality law by which citizenship is not determined by place of birth but by having one or both parents who are citizens of the state. Children at birth may automatically be citizens if their parents have state citizenship or national identities of ethnic, cultural, or other origins. [1] Citizenship can also apply to children whose parents belong to a diaspora and were not themselves citizens of the state conferring citizenship.[ citation needed ] This principle contrasts with jus soli (Latin: right of soil). [2]

Nationality law is the law in each country and in each jurisdiction within each country which defines the rights and obligations of citizenship within the jurisdiction and the manner in which citizenship is acquired as well as how citizenship may be lost. A person who is not a citizen of the country is generally regarded as a foreigner, also referred to as an alien. A person who has no recognised nationality or citizenship is regarded as stateless.

Citizenship is the status of a person recognized under the custom or law as being a legal member of a sovereign state or belonging to a nation.

Diaspora dispersion of ethnic communities

A diaspora (/daɪˈæspərə/) is a scattered population whose origin lies in a separate geographic locale. In particular, diaspora has come to refer to involuntary mass dispersions of a population from its indigenous territories, most notably the expulsion of Jews from the Land of Israel and the fleeing of Greeks after the fall of Constantinople. Other examples are the African transatlantic slave trade, the southern Chinese or Indians during the coolie trade, the Irish during and after the Irish Famine, the Romani from India, the Italian diaspora, the exile and deportation of Circassians, and the emigration of Anglo-Saxon warriors and their families after the Norman Conquest of England.

Contents

Modern development

At the end of the 19th century, the French-German debate on nationality saw the French, such as Ernest Renan, oppose the German conception, exemplified by Johann Fichte, who believed in an "objective nationality", based on blood, race or language. Renan's republican conception, but perhaps also the presence of a German-speaking population in Alsace-Lorraine, explains France's early adoption of jus soli.

Ernest Renan French philosopher and writer

Joseph Ernest Renan was a French expert of Semitic languages and civilizations (philology), philosopher, biblical scholar and critic, and historian of religion. He is best known for his influential and pioneering historical works on the origins of Early Christianity, and his political theories, especially concerning nationalism and national identity. Renan is credited as being among the first scholars to advance the Khazar theory, which held that Ashkenazi Jews were descendants of the Khazars, Turkic peoples who had adopted Jewish religion and migrated to Western Europe following the collapse of their khanate.

Heredity passing of traits to offspring from its parents or ancestor

Heredity is the passing on of traits from parents to their offspring, either through asexual reproduction or sexual reproduction, the offspring cells or organisms acquire the genetic information of their parents. Through heredity, variations between individuals can accumulate and cause species to evolve by natural selection. The study of heredity in biology is genetics.

Language Capacity to communicate using signs, such as words or gestures

Language is a system that consists of the development, acquisition, maintenance and use of complex systems of communication, particularly the human ability to do so; and a language is any specific example of such a system.

Mixed standards

Many nations have a mixture of jus sanguinis and jus soli, including the United States [3] Canada, Israel, Greece, the Republic of Ireland, and recently Germany. Today French nationality law narrowly applies jus sanguinis, but it is still the most common means of passing on citizenship in many continental European nations. Almost all states in the world provide jus sanguinis to some various degree, one exception being the Vatican City State.[ citation needed ]

United States nationality law Law of American nationality and citizenship

The United States nationality law is a uniform rule of naturalization of the United States set out in the Immigration and Nationality Act of 1952, enacted under the power of Article I, section 8, clause 4 of the United States Constitution, which reads: Congress shall have Power - "To establish a uniform Rule of Naturalization..." The 1952 Act sets forth the legal requirements for the acquisition of, and divestiture from, American nationality. The requirements have become more explicit since the ratification of the Fourteenth Amendment to the Constitution, with the most recent changes to the law having been made by Congress in 2001.

Canadian nationality law

Canadian nationality law is promulgated by the Citizenship Act since 1977. The Act determines who is, or is eligible to be, a citizen of Canada. The Act replaced the previous Canadian Citizenship Act in 1977 and has gone through four significant amendments, in 2007, 2009, 2015 and 2017.

Greek nationality law

Nationality law of Greece is based on the principle of jus sanguinis. Greek citizenship may be acquired by descent or through naturalization. Greek law permits dual citizenship. A Greek national is a citizen of the European Union, and therefore entitled to the same rights as other EU citizens.

Complications due to imposed boundaries

Some modern European states which arose out of the dissolved Austro-Hungarian or Ottoman empires have huge numbers of ethnic populations outside of their new 'national' boundaries, as do most of the former Soviet states. Such long-standing diasporas do not conform to codified 20th-century European rules of citizenship.

Ottoman Empire Former empire in Asia, Europe and Africa

The Ottoman Empire, historically known in Western Europe as the Turkish Empire or simply Turkey, was a state that controlled much of Southeast Europe, Western Asia and North Africa between the 14th and early 20th centuries. It was founded at the end of the 13th century in northwestern Anatolia in the town of Söğüt by the Oghuz Turkish tribal leader Osman I. After 1354, the Ottomans crossed into Europe, and with the conquest of the Balkans, the Ottoman beylik was transformed into a transcontinental empire. The Ottomans ended the Byzantine Empire with the 1453 conquest of Constantinople by Mehmed the Conqueror.

In many cases, jus sanguinis rights are mandated by international treaty, with citizenship definitions imposed by the international community. In other cases, minorities are subject to legal and extra-legal persecution and choose to immigrate to their ancestral home country. States offering jus sanguinis rights to ethnic citizens and their descendants include Italy, Greece, Turkey, Bulgaria, Lebanon, Armenia and Romania. Each is required by international treaty to extend those rights.[ citation needed ]

Italy republic in Southern Europe

Italy, officially the Italian Republic, is a country in Southern Europe. Located in the middle of the Mediterranean Sea, Italy shares open land borders with France, Switzerland, Austria, Slovenia and the enclaved microstates San Marino and Vatican City. Italy covers an area of 301,340 km2 (116,350 sq mi) and has a largely temperate seasonal and Mediterranean climate. With around 61 million inhabitants, it is the fourth-most populous EU member state and the most populous country in Southern Europe.

Greece republic in Southeast Europe

Greece, officially the Hellenic Republic, self-identified and historically known as Hellas, is a country located in Southern and Southeast Europe, with a population of approximately 11 million as of 2016. Athens is the nation's capital and largest city, followed by Thessaloniki.

Turkey Republic in Western Asia

Turkey, officially the Republic of Turkey, is a transcontinental country located mainly in Western Asia, with a smaller portion on the Balkan Peninsula in Southeast Europe. East Thrace, located in Europe, is separated from Anatolia by the Sea of Marmara, the Bosphorous strait and the Dardanelles. Turkey is bordered by Greece and Bulgaria to its northwest; Georgia to its northeast; Armenia, the Azerbaijani exclave of Nakhchivan and Iran to the east; and Iraq and Syria to the south. Istanbul is the largest city, but more central Ankara is the capital. Approximately 70 to 80 per cent of the country's citizens identify as Turkish. Kurds are the largest minority; the size of the Kurdish population is a subject of dispute with estimates placing the figure at anywhere from 12 to 25 per cent of the population.

Jus sanguinis states today

Austria Federal republic in Central Europe

Austria, officially the Republic of Austria, is a country in Central Europe comprising 9 federated states. Its capital, largest city and one of nine states is Vienna. Austria has an area of 83,879 km2 (32,386 sq mi), a population of nearly 9 million people and a nominal GDP of $477 billion. It is bordered by the Czech Republic and Germany to the north, Hungary and Slovakia to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the west. The terrain is highly mountainous, lying within the Alps; only 32% of the country is below 500 m (1,640 ft), and its highest point is 3,798 m (12,461 ft). The majority of the population speaks local Bavarian dialects as their native language, and German in its standard form is the country's official language. Other regional languages are Hungarian, Burgenland Croatian, and Slovene.

Austrian nationality law

Nationality law in the Republic of Austria is based on the principle of jus sanguinis. In other words, one usually acquires Austrian citizenship if a parent is Austrian, irrespective of place of birth.

Armenia Republic in South Caucasus in West Asia

Armenia, officially the Republic of Armenia, is a country in the South Caucasus region of Eurasia. Located in Western Asia on the Armenian Highlands, it is bordered by Turkey to the west, Georgia to the north, the de facto independent Republic of Artsakh and Azerbaijan to the east, and Iran and Azerbaijan's exclave of Nakhchivan to the south.

Leges sanguinis states today

Many countries provide citizenship on preferential terms to individuals with ethnic ties to these countries (so-called leges sanguinis ):

See also

Sources

  1. Kostakopoulou, Dora (2008). The Future Governance of Citizenship. Cambridge University Press. pp. 26–27. ISBN   9781139472449.
  2. Vink, Maarten Peter; de Groot, Gerard-René (November 2010). "Birthright Citizenship: Trends and Regulations in Europe" (PDF). Florence: European University Institute. p. 35.
  3. Gansallo, Ayodele; Bernstein-Baker, Judith (2016). Understanding Immigration Law and Practice. Wolters Kluwer Law & Business. p. 570. ISBN   9781454850380.
  4. Branch, Government of Canada, Immigration, Refugees and Citizenship Canada, Communications (25 July 2013). "Acquisition of citizenship". www.cic.gc.ca. Archived from the original on 10 March 2017. Retrieved 1 March 2017.
  5. Branch, Government of Canada, Immigration, Refugees and Citizenship Canada, Communications. "Changes to citizenship rules". www.cic.gc.ca. Archived from the original on 3 March 2017. Retrieved 1 March 2017.
  6. "Dans quels cas un enfant est-il Français ?".
  7. The Federal Expellee Law (German : Bundesvertriebenengesetz), § 6, specifies that also foreign citizens of states of the Eastern Bloc (and their desdendants), who were persecuted between 1945 and 1990 for their German ethnicity by their respective governments, are entitled to become Germans. The argument was that the Federal Republic of Germany had to administer to their needs because the respective governments in charge of guaranteeing their equal treatment as citizens severely neglected or contravened that obligation.
  8. "Nationality Law: Article 976". Iran Data Portal: Princeton University. 2015. Retrieved 6 October 2015.
  9. "Tokyo court upholds deportation order for Thai teenager born and raised in Japan". The Japan Times Online. 2016. Retrieved 6 December 2016.
  10. English translation Archived 7 October 2009 at WebCite of the Polish Constitution.
  11. "Emigrantom z 1968 roku zostaną zwrócone obywatelstwa" [Polish citizenship reinstated to emigrants from 1968]. Wprost (in Polish). 4 March 2008. Retrieved 6 October 2015.
  12. "Das Einbürgerungs-Protokoll: Diese 92 Fragen musste Funda Yilmaz beantworten". az Aargauer Zeitung (in German). Archived from the original on 6 April 2018. Retrieved 6 April 2018.
  13. agencies, swissinfo.ch and. "Decision to deny citizenship to Turkish woman reversed". SWI swissinfo.ch. Archived from the original on 7 April 2018. Retrieved 6 April 2018.
  14. "Swiss vote for relaxed citizenship laws". BBC News. 12 February 2017. Archived from the original on 16 June 2018. Retrieved 6 April 2018.
  15. Council, The Federal. "Federal Decree on the Simplified Naturalisation of Third-Generation Immigrants". www.admin.ch. Archived from the original on 6 April 2018. Retrieved 6 April 2018.
  16. "Acquisition of U.S. Citizenship by a Child Born Abroad". travel.state.gov. Retrieved 19 March 2018.
  17. "Constitution of the Republic of Armenia". International Constitutional Law Project. 5 July 1995. Retrieved 6 October 2015.
  18. Tannenbaum, Jessie; Valcke, Anthony; McPherson, Andrew (2009-05-01). "Analysis of the Aliens and Nationality Law of the Republic of Liberia". Rochester, NY. SSRN   1795122 .
  19. "Constitution of Lithuania: Article 32(4)". International Constitutional Law Project. 25 October 1992. Retrieved 6 October 2015.
  20. Chu, Henry. "Welcome home, 500 years later: Spain offers citizenship to Sephardic Jews".

Related Research Articles

Naturalization process by which a non-citizen in a country may acquire citizenship or nationality of that country

Naturalization is the legal act or process by which a non-citizen in a country may acquire citizenship or nationality of that country. It may be done automatically by a statute, i.e., without any effort on the part of the individual, or it may involve an application or a motion and approval by legal authorities. The rules of naturalization vary from country to country but typically include a promise to obeying and upholding that country's laws, taking and subscribing to the oath of allegiance, and may specify other requirements such as a minimum legal residency and adequate knowledge of the national dominant language or culture. To counter multiple citizenship, most countries require that applicants for naturalization renounce any other citizenship that they currently hold, but whether this renunciation actually causes loss of original citizenship, as seen by the host country and by the original country, will depend on the laws of the countries involved.

<i>Jus soli</i> Birthright of anyone born in the territory of a state to nationality or citizenship

Jus soli, meaning "right of the soil", commonly referred to as birthright citizenship in the United States, is the right of anyone born in the territory of a state to nationality or citizenship.

Italian nationality law

Italian nationality law is the law of Italy governing the acquisition, transmission and loss of Italian citizenship. Like many continental European countries it is largely based on jus sanguinis. It also incorporates many elements that are seen as favourable to the Italian diaspora. The Italian Parliament's 1992 update of Italian nationality law is Law no. 91, and came into force on 15 August 1992. Presidential decrees and ministerial directives, including several issued by the Ministry of the Interior, instruct the civil service how to apply Italy's citizenship-related laws.

Irish nationality law

Irish nationality law is contained in the provisions of the Irish Nationality and Citizenship Acts 1956 to 2004 and in the relevant provisions of the Irish Constitution. A person may be an Irish citizen through birth, descent, marriage to an Irish citizen or through naturalisation. The law grants citizenship to individuals born in Northern Ireland under the same conditions as those born in the Republic of Ireland.

German nationality law

German nationality law is the law governing the acquisition, transmission and loss of German citizenship. The law is based on a mixture of the principles of jus sanguinis and jus soli. In other words, one usually acquires German citizenship if a parent is a German citizen, irrespective of place of birth, or by birth in Germany to parents with foreign nationality if certain requirements are fulfilled. Naturalisation is also possible for foreign nationals after six to eight years of legal residence in Germany.

French nationality law law of being a French national

French nationality law is historically based on the principles of jus soli, according to Ernest Renan's definition, in opposition to the German definition of nationality, jus sanguinis, formalised by Johann Gottlieb Fichte.

Nationality law of the Peoples Republic of China Citizenship law of the Peoples Republic of China

The Nationality Law of the People's Republic of China regulates nationality of the People's Republic of China. Chinese nationality is usually obtained either by birth when at least one parent is of Chinese nationality or by naturalization.

Hungarian nationality law

Hungarian nationality law is based on the principles of jus sanguinis. Hungarian citizenship can be acquired by descent from a Hungarian parent, or by naturalisation. A person born in Hungary to foreign parents does not generally acquire Hungarian citizenship. A Hungarian citizen is also a citizen of the European Union.

Paraguayan nationality law

Paraguayan nationality law is based on the principle of Jus soli. The nationality law is based on the Chapter 3 of the Paraguayan Constitution of 1992.

Bulgarian nationality law

Bulgarian nationality law is governed by the Constitution of Bulgaria of 1991 and the citizenship law of 1999.

Romanian nationality law

The Romanian nationality law addresses specific rights, duties, privileges, and benefits between Romania and the individual. Romanian nationality law is based on jus sanguinis. Current citizenship policy in Romania is in accordance with the Romanian Citizenship Law, which was adopted by the Romanian Parliament on March 6, 1991, and the Constitution of Romania, which was adopted on November 21, 1991.

Chilean nationality law

Chilean nationality law is based on both principles of jus soli and jus sanguini. Nationality law is regulated by Article 10 of the Political Constitution of the Republic of Chile.

Croatian nationality law

The Croatian nationality law dates back from June 26, 1991. It is based upon the Constitution of Croatia. It is mainly based on Jus sanguinis.

Azerbaijani nationality law

Azerbaijani nationality law is a nationality law which determines who is a citizen of Azerbaijan.

Namibian nationality law

Namibian nationality law regulates who is or may become a citizen of Namibia. The primary source of nationality law in Namibia is Article 4 of the Constitution of Namibia, with additional provisions provided by the Namibian Citizenship Act of 1990.

Thai nationality law

Thai nationality law includes principles of both jus sanguinis and jus soli. Thailand's first Nationality Act was passed in 1913. The most recent law dates to 2008.

Ethnic nationalism, also known as ethno-nationalism, is a form of nationalism wherein the nation is defined in terms of ethnicity.

South Sudanese nationality law

The South Sudanese nationality law dates back to 7 July 2011, when South Sudan declared independence. It is based upon the Constitution of South Sudan.