Jus_sanguinis

<i>Jus sanguinis</i>

Jus sanguinis

Citizenship by parents' nationality


Jus sanguinis (English: /ʌs ˈsæŋɡwɪnɪs/ juss SANG-gwin-iss, /js -/ yoos -, Latin: [juːs ˈsaŋɡwɪnɪs]; 'right of blood') is a principle of nationality law by which nationality is determined or acquired by the nationality of one or both parents.[1] Children at birth may be nationals of a particular state if either or both of their parents have nationality of that state. It may also apply to national identities of ethnic, cultural, or other origins.[2] 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 ('right of soil'), which is solely based on the place of birth.[3]

Today, almost all states apply some combination of jus soli and jus sanguinis in their nationality laws to varying degrees.[4][5] Historically, the most common application of jus sanguinis is a right of a child to their father's nationality. Today, majority of countries extend this right on an equal basis to the mother. Some apply this right irrespective of the place of birth, while others may limit it to those born in the state. Some countries provide that a child acquires the nationality of the mother if the father is unknown or stateless, and some irrespective of the place of birth. Some such children may acquire the nationality automatically while others may need to apply for a parent's nationality.[6]

Modern development

Originally, the word nation meaning was similar to ethnicity. However, at the end of the 19th century, the French-German debate on nationality saw the French, such as Ernest Renan, oppose the German conception,[7] exemplified by Johann Fichte, who believed in an 'objective nationality', based on blood, race or language.[8] 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.

Mixed standards

Many nations have a mixture of jus sanguinis and jus soli. For example, the United States grants citizenship based on jus soli to almost all people born within its borders, and also grants citizenship based on jus sanguinis to children born outside its borders to U.S. citizen parents subject to the parents meeting certain residency or physical presence criteria.[9] The United Kingdom usually applies jus sanguinis, but also has a jus soli principle for children of foreign citizens living in the U.K. depending on the parents' nationality and legal residence status.[10]

About 60% of all countries worldwide have a limited jus soli principle that extends citizenship to children born within their borders who do not qualify for citizenship in any other country. The United Nations encourages all countries to enact similar laws as a solution for statelessness.[11]

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.

In many cases, jus sanguinis rights are mandated by international treaty, with citizenship definition imposed by the national and 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, Hungary and Romania.[12]

Current Jus sanguinis states

Africa

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North America

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South America

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Asia

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Europe

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Current Leges sanguinis states

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

More information State, Description ...

See also


References

  1. "International Migration Law No. 34 - Glossary on Migration". International Organization for Migration: 120. 19 June 2019. ISSN 1813-2278. Archived from the original on 23 November 2023. Retrieved 23 November 2023.
  2. Kostakopoulou, Dora (2008). The Future Governance of Citizenship. Cambridge University Press. pp. 26–27. ISBN 9781139472449.
  3. Vink, Maarten Peter; de Groot, Gerard-René (November 2010). "Birthright Citizenship: Trends and Regulations in Europe" (PDF). Florence: European University Institute. p. 35. Archived from the original (PDF) on 26 November 2012. Retrieved 23 August 2012.
  4. Solodoch, Omer; Sommer, Udi (2020). "Explaining the birthright citizenship lottery: Longitudinal and cross-national evidence for key determinants". Regulation & Governance. 14: 63–81. doi:10.1111/rego.12197. S2CID 158447458.
  5. "ius sanguinis - European Commission". home-affairs.ec.europa.eu. Retrieved 4 March 2024.
  6. Renan, Ernest (1882). "What is a Nation?" (PDF). UC Paris. Archived (PDF) from the original on 24 May 2023. Retrieved 30 May 2022.
  7. Breazeale, Dan (2022), "Johann Gottlieb Fichte", in Zalta, Edward N. (ed.), The Stanford Encyclopedia of Philosophy (Spring 2022 ed.), Metaphysics Research Lab, Stanford University, retrieved 30 May 2022
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  11. Branch, Government of Canada, Immigration, Refugees and Citizenship Canada, Communications (25 July 2013). "Acquisition of citizenship". cic.gc.ca. Archived from the original on 10 March 2017. Retrieved 1 March 2017.{{cite web}}: CS1 maint: multiple names: authors list (link)
  12. Branch, Government of Canada, Immigration, Refugees and Citizenship Canada, Communications. "Changes to citizenship rules". cic.gc.ca. Archived from the original on 3 March 2017. Retrieved 1 March 2017.{{cite web}}: CS1 maint: multiple names: authors list (link)
  13. "Article 30 Mexican Constitution" (PDF). Orden Juridico. 18 November 2021. Archived from the original (PDF) on 18 November 2021. Retrieved 18 August 2022.
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  19. "Dans quels cas un enfant est-il Français ?". Archived from the original on 23 March 2019. Retrieved 8 December 2018.
  20. 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.
  21. English translation Archived 18 September 2009 at the Wayback Machine of the Polish Constitution.
  22. "Emigrantom z 1968 roku zostaną zwrócone obywatelstwa" [Polish citizenship reinstated to emigrants from 1968]. Wprost (in Polish). 4 March 2008. Archived from the original on 21 July 2015. Retrieved 6 October 2015.
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  30. "Aliyah after conversion to Judaism (Giyur) Legal Advice 03-3724722". Archived from the original on 17 October 2020. Retrieved 16 October 2020.
  31. Tannenbaum, Jessie; Valcke, Anthony; McPherson, Andrew; Mueller, Leah; Conté, Simon (1 May 2009), Analysis of the Aliens and Nationality Law of the Republic of Liberia (SSRN Scholarly Paper), Rochester, NY, doi:10.2139/ssrn.1795122, retrieved 21 February 2024{{citation}}: CS1 maint: location missing publisher (link)
  32. "Constitution of Lithuania: Article 32(4)". International Constitutional Law Project. 25 October 1992. Archived from the original on 24 September 2015. Retrieved 6 October 2015.
  33. "The 1982 Burmese Nationality Law (Myanmar Version) | Rohingya People". Archived from the original on 9 March 2021. Retrieved 1 February 2020.
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Bibliography


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