Jus soli

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Countries by jus soli
jus soli for persons born in the country
Jus soli with restrictions
Jus soli abolished Jus soli world.svg
Countries by jus soli
  jus soli for persons born in the country
  Jus soli with restrictions
  Jus soli abolished

Jus soli (English: /ʌsˈsl/ juss SOH-ly, /jusˈsli/ yoos SOH-lee, Latin:  [juːs ˈsɔliː] ; meaning "right of soil" [1] ), commonly referred to as birthright citizenship in Canada and the United States, is the right of anyone born in the territory of a state to nationality or citizenship. [2] [3]

Contents

Jus soli was part of the English common law, in contrast to jus sanguinis , which derives from the Roman law that influenced the civil-law systems of continental Europe. [4] [5] Jus soli is the predominant rule in the Americas, but it is rare elsewhere. [6] [7] Since the Twenty-seventh Amendment of the Constitution of Ireland was enacted in 2004, no European country grants citizenship based on unconditional or near-unconditional jus soli. [8] [9]

Almost all states in Europe, Asia, Africa and Oceania grant citizenship at birth based upon the principle of jus sanguinis ("right of blood"), in which citizenship is inherited through parents rather than birthplace, or a restricted version of jus soli in which citizenship by birthplace is automatic only for the children of certain immigrants.

Jus soli in many cases helps prevent statelessness. [10] Countries that have acceded to the 1961 Convention on the Reduction of Statelessness are obligated to grant nationality to persons born in their territory who would otherwise become stateless persons. [11] [lower-alpha 1] The American Convention on Human Rights similarly provides that "Every person has the right to the nationality of the state in whose territory he was born if he does not have the right to any other nationality." [10]

National laws

Lex soli is a law used in practice to regulate who and under what circumstances an individual can assert the right of jus soli. Most states provide a specific lex soli—in application of the respective jus soli—and it is the most common means of acquiring nationality. However, a frequent exception to lex soli is imposed when a child is born to a parent in the diplomatic or consular service of another state on a mission to the state in question. [12] [13]

Unrestricted jus soli

Africa

Americas

Caribbean Islands

Continental North America

  • Flag of Canada (Pantone).svg  Canada: Subsection 3(2) of the Act states that Canadian citizenship by birth in Canada granted to a child born in Canada even if neither parent was a Canadian citizen or permanent resident except if either parent was a diplomat, in service to a diplomat, or employed by an international agency of equal status to a diplomat. However, if neither parents were diplomats, the nationality or immigration status of the parents do not matter. [27] Some Conservative Party members wish to end birthright citizenship in Canada to the children of tourists and unauthorized immigrants. [28]
  • Flag of Mexico.svg Mexico [19] [29]
  • Flag of the United States.svg United States: The Citizenship Clause of the 14th Amendment to the United States Constitution, ratified in 1868, provides: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." [30] The concept of birthright citizenship applying to the child born of a foreign national in the country without proper credentials has never been formally litigated, but the U.S. Supreme Court's decision in United States v. Wong Kim Ark (1898) allowed the government to deny citizenship to U.S.-born children only in the cases of children born to foreign diplomats and children born to enemy forces engaged in hostile occupation of the country's territory, and thus this decision is most often interpreted as barring the government from denying citizenship to a U.S.-born person based on the alienage of his or her parents. [31] [32] (see United States nationality law).
From 24 January 2020, the Trump administration adopted a new policy to make it more difficult for foreign nationals to travel to the US to give birth on US soil to ensure their children become US citizens, a practice commonly known as "birth tourism." [33]
People born in American Samoa (a U.S. territory) are not U.S. citizens at birth (they are non-citizen U.S. nationals, unless one of their parents is a U.S. citizen). [34] In 2019, a federal court ruled that American Samoans are U.S. citizens, but the ruling was put on hold, and the litigation is ongoing. [35] [36]

Central America

Continental South America

Oceania

Asia

Restricted jus soli

There is a trend in some countries toward restricting lex soli by requiring that at least one of the child's parents be a citizen, national or legal permanent resident of the state in question at time of the child's birth. [49] Modification of jus soli has been criticized as contributing to economic inequality, the perpetuation of unfree labour from a helot underclass [49] and statelessness. Jus soli has been restricted in the following countries:

Africa

Americas

Asia

Europe

Middle East

Oceania

Abolition of jus soli

Some countries that formerly observed jus soli have moved to abolish it entirely, conferring citizenship on children born in the country only if at least one of the parents is a citizen of that country.

See also

Notes

  1. Parties to the Convention on the Reduction of Statelessness are also obligated to grant nationality to persons who are born aboard ships flagged in the country or an aircraft registered in the country who would otherwise become stateless. [10]

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 of 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 obey and uphold 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.

Jus sanguinis is a principle of nationality law by which citizenship is determined or acquired by the nationality or ethnicity of one or both parents. Children at birth may be citizens of a particular state if either or both of their parents have citizenship of that state. It may also apply to national identities of ethnic, cultural, or other origins. Citizenship can also apply to children whose parents belong to a diaspora and were not themselves citizens of the state conferring citizenship. This principle contrasts with jus soli, which is solely based on the place of birth.

Indian nationality law Laws governing citizenship of India

The conferment of a person as a citizen of India is governed by the Part II of the Constitution of India. According to Article 5, all the people that were resident in India at the commencement of the Constitution were citizens of India as well as people born in India. The President of India is termed the First Citizen of India.

Nationality law is the law of a sovereign state, and of each of its jurisdictions, that defines the rights and obligations of citizenship within the jurisdiction as well as he manner in which citizenship is acquired and how it may be lost. A person who is in a country in which they are not a citizen of is generally regarded by that country as a foreigner, or alien. A person who has no recognised nationality or citizenship to any jurisdiction is regarded as stateless.

Italian nationality law 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 law in Germany

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. Naturalization is also possible for foreign nationals after six to eight years of legal residence in Germany.

Belgian nationality law

Belgian citizenship is based on a mixture of the principles of jus sanguinis and jus soli. In other words, both place of birth and Belgian parentage are relevant for determining whether a person is a Belgian citizen. It is regulated by the Code of Belgian Nationality.

French nationality law law of being a French national

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

Birth tourism

Birth tourism is the practice of traveling to another country for the purpose of giving birth in that country. The main reason for birth tourism is to obtain citizenship for the child in a country with birthright citizenship. Such a child is sometimes called an "anchor baby" if their citizenship is intended to help their parents obtain permanent residency in the country. Other reasons for birth tourism include access to public schooling, healthcare, sponsorship for the parents in the future, or even circumvention of China's two-child policy. Popular destinations include the United States and Canada. Another target for birth tourism is Hong Kong, where some mainland Chinese citizens travel to give birth to gain right of abode for their children.

Birthright citizenship in the United States Persons acquisition of United States citizenship by virtue of the circumstances of birth

Birthright citizenship in the United States is United States citizenship acquired by a person automatically, by operation of law. This takes place in two situations: by virtue of the person’s birth within United States territory or because one or both of his or her parents is a US citizen. Birthright citizenship contrasts with citizenship acquired in other ways, for example by naturalization.

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.

Luxembourg nationality law

Luxembourg nationality law is ruled by the Constitution of Luxembourg. The Grand Duchy of Luxembourg is a member state of the European Union and, therefore, its citizens are also EU citizens.

Azerbaijani nationality law

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

Birthright generation is a term used by immigrant advocates to identify US-born citizens, who are protected by the Fourteenth Amendment of the United States Constitution. It grants American citizenship to all babies born on American soil even if the child is born to one or both undocumented parents. Birthright citizenship may be also conferred either by jus soli or jus sanguinis. Under American law, any person born within the US, including the territories of Puerto Rico, Guam, the US Virgin Islands, and the Northern Mariana Islands and subject to its jurisdiction is automatically granted US citizenship. The alternative term is anchor baby, a term used by immigration reductionists to identify a child born in the US to undocumented immigrants. It is generally used as a reference to the supposed role of the child, who as a US citizen through the legal principle of jus soli, may facilitate immigration for relatives through family reunification. Family reunification, or family-based immigration, in the US is a lengthy process and is limited to categories prescribed by provisions of the Immigration and Nationality Act of 1965. The misconception has led those who oppose citizenship rights for children of immigrants that newborns would facilitate residency and citizenship rights for their parents. However, an American child cannot claim a parent until the age of 21.

Multiple citizenship, dual citizenship, multiple nationality or dual nationality, is a person's citizenship status, in which a person is concurrently regarded as a citizen of more than one country under the laws of those countries. Conceptually, citizenship is focused on the internal political life of the country and nationality is a matter of international dealings. There is no international convention which determines the nationality or citizenship status of a person. This is defined exclusively by national laws, which can vary and conflict with each other. Multiple citizenship arises because different countries use different, and not necessarily mutually exclusive, criteria for citizenship. Colloquially, people may "hold" multiple citizenship but, technically, each nation makes a claim that a particular person is considered its national.

Citizenship in North Korea National citizenship

Citizenship in North Korea is a status given to individuals recognized as North Korean by the government of the country. It is a source of shared national identity, but can also be one of contention or conflict.

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.

Albanian nationality law

Albanian nationality law is based on a mixture of the principles of Jus sanguinis and Jus soli. In other words, both place of birth and Albanian parentage are relevant for determining whether a person is an Albanian citizen. It is regulated by the "Law on Albanian Citizenship". In some circumstances citizenship is granted to children born in Albania to non-Albanian parents. This is not the case where parents are temporary or short-term visitors. As suggested by the UN and Council of Europe, all efforts are made in order to avoid statelessness.

Syrian nationality law

Syrian nationality law is the law governing the acquisition, transmission and loss of Syrian citizenship. Syrian citizenship is the status of being a citizen of the Republic of Syria and it can be obtained by birth or naturalization. The Syrian Nationality Law was enacted in 1969, by Legislative Decree 276.

References

  1. jus soli, definition from merriam-webster.com.
  2. Vincent, Andrew (2002). Nationalism and Particularity. Cambridge; New York: Cambridge University Press.
  3. Solodoch, Omer, and Udi Sommer (2020). "Explaining the birthright citizenship lottery: Longitudinal and cross‐national evidence for key determinants". Regulation & Governance: 63–81. doi:10.1111/rego.12197.Cite journal requires |journal= (help)CS1 maint: multiple names: authors list (link)
  4. Ayelet Shachar, The Birthright Lottery: Citizenship and Global Inequality (Harvard University Press, 2009), p. 120.
  5. Rey Koslowski, Migrants and Citizens: Demographic Change in the European State System (Cornell University Press, 2000), p. 77.
  6. Rotunda, Ronald D. (16 September 2010). "Birthright citizenship benefits the country". Chicago Tribune .
  7. Smith, Morgan (16 August 2010). "Repeal Birthright Citizenship – and Then What?". Texas Tribune.
  8. Gilbertson, Greta (1 January 2006). "Citizenship in a Globalized World". Migration Policy Institute.
  9. Vink, M.; de Groot, G.R. (2010). Birthright Citizenship: Trends and Regulations in Europe. Comparative Report RSCAS/EUDO-CIT-Comp. 2010/8 (PDF). Florence: EUDO Citizenship Observatory. p. 35. Archived from the original (PDF) on 26 November 2012. Retrieved 23 August 2012.
  10. 1 2 3 Lung-chu Chen, An Introduction to Contemporary International Law: A Policy-Oriented Perspective (Oxford University Press, 2015), p. 223.
  11. Ivan Shearer & Brian Opeskin, "Nationality and Statelessness" Foundations of International Migration Law (eds. Brian Opeskin, Richard Perruchoud & Jillyanne Redpath-Cross: Cambridge University Press, 2012), p. 99.
  12. Guimezanes, Nicole. "What Laws for Naturalisation?" The OECD Observer. Paris: June/July 1994., Iss. 188; pg. 24, 3 pgs (Cites legislation for Australia, Austria, Belgium, Canada, Denmark, Finland, France, Ireland, Italy, Japan, Luxembourg, Netherlands, New Zealand, Norway, Portugal, Spain, Sweden, Switzerland, Turkey, United Kingdom and the United States)
  13. Ivan Shearer & Brian Opeskin, "Nationality and Statelessness" Foundations of International Migration Law (eds. Brian Opeskin, Richard Perruchoud & Jillyanne Redpath-Cross: Cambridge University Press, 2012), p. 99: "a well-established exception in customary international law is that a child born to parents who are foreign diplomats does not automatically acquire the nationality of a host State that applies jus soli."
  14. CODE DE LA NATIONALITE – ORDONNANCE No. 33/PG.-INT. – DU 14 AOUT 1962 – PORTANT CODE DE LA NATIONALITE TCHADIENNE "de la nationalité d'origine – CHAPITRE II – Art. 12 – Sont Tchadiens: Les enfants nés au Tchad de parents étrangers; toutefois, ils peuvent, si les deux ascendants ont la même nationalité, opter pour cette nationalité; ce droit d'option ne peut s'exercer que si la législation du pays dont les ascendants sont nationaux le permet." (Translation: "Chadian citizens include: Children born in Chad of foreign parents; however if both parents have the same nationality, they (the children) can opt for the parents' nationality, if the legislation of their parents' country permits it.")
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  16. CODE DE LA NATIONALITE – ORDONNANCE No. 33/PG.-INT. – DU 14 AOUT 1962 – PORTANT CODE DE LA NATIONALITE TCHADIENNE "de la nationalité d'origine – CHAPITRE II – Art. 13 – L'option prévue aux articles 11 et 12 s'exerce à l'âge de dix-huit ans révolus. Toutefois, lorsque cette option est motivée par une reconnaissance postérieure à la majorité, l'intéressé doit l'exercer dans le délai d'un an qui suit la reconnaissance." (Translation: "The options presented in articles 11 and 12 deploy themselves at 18 years of age. However, if an individual recognizes their ability to follow these options after majority has been reached, a delay of 1 year must take place from the recognition before the options can be pursued.")
  17. The Constitution of Lesotho, chap. IV, sec. 38 | CHAPTER IV CITIZENSHIP: 38. Persons born in Lesotho after the coming into operation of the Constitution
  18. United Nations High Commissioner for Refugees. "Tanzania Citizenship Act, 1995". Refworld. Retrieved 6 September 2013.
  19. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Katherine Culliton-González, Born in the Americas: Birthright Citizenship and Human Rights, Harvard Human Rights Journal (2012), Vol. 25, pp. 135–36.
  20. Constitution of Antigua and Barbuda: CHAPTER VIII CITIZENSHIP | PERSONS WHO AUTOMATICALLY BECOME CITIZENS AFTER COMMENCEMENT OF THIS CONSTITUTION | Section 113 Archived 17 April 2015 at the Wayback Machine The following persons shall become citizens at the date of their birth on or after 1st November 1981– a. every person born in Antigua and Barbuda: Provided that a person shall not become a citizen by virtue of this paragraph if at the time of his birth- i. neither of his parents is a citizen and either of them possess such immunity from suit and legal process as is accorded to the envoy of a foreign sovereign power accredited to Antigua and Barbuda; or ii. either of his parents is a citizen of a country with which Her Majesty is at war and the birth occurs in a place then under occupation by that country.
  21. Constitution of Barbados: CHAPTER II CITIZENSHIP Persons born in Barbados after 29 November 1966: Section 4: Every person born in Barbados after 29th November 1966 shall become a citizen of Barbados at the date of his birth: Provided that a person shall not become a citizen of Barbados by virtue of this section if at the time of his birth – a. his father possesses such immunity from suit and legal process as is accorded to an envoy of a foreign sovereign state accredited to Her Majesty in right of Her Government in Barbados and neither of his parents is a citizen of Barbados; or b. his father is an enemy alien and the birth occurs in a place then under occupation by the enemy.
  22. "It is the Department's view that the legislation should be amended to stipulate that (as in the United Kingdom and the Bahamas) children born in Barbados will not be deemed to be citizens of Barbados, unless at least one parent at the time of the birth, has permanent status in Barbados. In addition persons born in Barbados should not be deemed to be citizens where the parents are residing illegally in Barbados" (PDF). Foreign.gov.bb. Retrieved 23 February 2017.
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  25. Constitution of Jamaica Chapter II Citizenship 3B.-(1): Every person born in Jamaica shall become a citizen of Jamaica – a. on the sixth day of August 1962, in the case of a person born before that date; b. on the date of his birth, in the case of a person born on or after the sixth day of August 1962.
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  29. CONSTITUCIÓN POLÍTICA DE LOS ESTADOS UNIDOS MEXICANOS – Constitución publicada en el Diario Oficial de la federación el 5 de febrero de 1917 – TEXTO VIGENTE – Última reforma publicada DOF 07-07-2014 Capítulo II De los Mexicanos – Artículo 30. La nacionalidad mexicana se adquiere por nacimiento o por naturalización A) Son mexicanos por nacimiento: I. Los que nazcan en territorio de la República, sea cual fuere la nacionalidad de sus padres. (Translation: "Mexicans by birth are: I. Those born in the territory of the Republic, regardless of the nationality of their parents")
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  33. US issues new rules restricting travel by pregnant foreigners, fearing the use of 'birth tourism'
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  37. Constitution of Belize: PART III Citizenship, section 24 "24. Every person born in Belize on or after Independence Day shall become a citizen of Belize at the date of his birth: Provided that a person shall not become a citizen of Belize by virtue of this section if at the time of his birth- his father or mother is a citizen of a country with which Belize is at war and the birth occurs in a place then under occupation by that country"
  38. The Constitution of Costa Rica: Title II ARTICLE 13: Archived 4 February 2012 at the Wayback Machine The following are Costa Ricans by birth: ...2. A child born abroad to a born Costa Rican father or mother, who is registered as such in the Civil Register by the will of the Costa Rican parent during its minority, or by his own will up to the age of twenty-five..."
  39. CONSTITUCIÓN POLÍTICA DE LA REPÚBLICA DE PANAMÁ DE 1972, REFORMADA POR LOS ACTOS REFORMATORIOS DE 1978, Y POR EL ACTO CONSTITUCIONAL DE 1983 – TITULO II: NACIONALIDAD Y EXTRANJERIA: ARTICULO 8. La nacionalidad panameña se adquiere por el nacimiento, por la naturalización o por disposición constitucional – ARTICULO 9: "Son Panameños por nacimientos: 1) Los nacidos en el territorio nacional | (translation) Panamanians by Birth: 1) Those born in the national territory"
  40. Article 12a of the Federal Constitution (translated) says that Brazilians include, "a) those born in the Federative Republic of Brazil, even if of foreign parents, provided they are not in the service of your country". "Neoconstitucionalismo – Análise histórica". JusBrasil. a) os nascidos na República Federativa do Brasil, ainda que de pais estrangeiros, desde que estes não estejam a serviço de seu paí
  41. Constitution of the Republic of Chile, chap. II, art. 10, par. 1 (Spanish text; English version without recent changes) Article 10.- Chileans are: 1.- Persons born in the territory of Chile, with the exception of those children of foreigners who are in Chile serving their government, as well as those children of transient foreigners. However, all may opt for the Chilean nationality.
  42. Uruguay: Whether a person who obtained Uruguan citizenship because her father was a citizen of Uruguay, can bring a dependent child to Uruguay; the status of the child in Uruguay, Immigration and Refugee Board of Canada (9 September 2010): "With respect to natural citizens, Uruguay's Constitution states: '[a]ll men and women born at any place within the territory of the Republic are natural citizens. Children of Uruguayan fathers or mothers are also natural citizens, wherever they may have been born, provided that they take up residence in the country and register themselves in the Civil Register.' (Uruguay 1996, Art. 74)"
  43. Constitution of Venezuela (English translation) Chapter II, Nationality and Citizenship, Section One: Nationality, Article 32: Are Venezuelans* by birth: (1) Any person who was born within the territory of the Republic.
  44. http://www.servat.unibe.ch/icl/fj00000_.html Fiji Constitution: chapter 3, Section 10 Citizenship by birth:] Every child born in Fiji on or after the date of commencement of this Constitution becomes a citizen at the date of birth unless, at the date of birth: (a) a parent of the child has the diplomatic immunity accorded to envoys of foreign sovereign powers accredited to Fiji; and (b) neither parent is a citizen.
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