Countries by jus soli .mw-parser-output .legend{page-break-inside:avoid;break-inside:avoid-column}.mw-parser-output .legend-color{display:inline-block;min-width:1.25em;height:1.25em;line-height:1.25;margin:1px 0;text-align:center;border:1px solid black;background-color:transparent;color:black}.mw-parser-output .legend-text{}  Jus soli without restrictions   Jus soli with restrictions   Jus soli abolished   No jus soli
Countries by jus soli
  Jus soli without restrictions
  Jus soli with restrictions
  Jus soli abolished
  No jus soli

Jus soli (English: /ʌs ˈsl/ juss SOH-ly, /js ˈsli/ yooss SOH-lee, Latin: [juːs ˈsɔliː]; meaning "right of soil"[1]), commonly referred to as birthright citizenship, is the right of anyone born in the territory of a state to nationality or citizenship.[2][3]

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 mainland Europe.[4][5]

Jus soli is the predominant rule in the Americas; explanations for this geographical phenomenon include: the establishment of lenient laws by past European colonial powers to entice immigrants from the Old World and displace native populations in the New World, along with the emergence of successful Latin American independence movements that widened the definition and granting of citizenship, as a prerequisite to the abolishment of slavery since the 19th century.[6] Outside the Americas, however, jus soli is rare.[7][8] 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.[9][10]

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.[11] Countries that have acceded to the 1961 Convention on the Reduction of Statelessness are obligated to grant nationality to people born in their territory who would otherwise become stateless persons.[12][a] 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."[11]

National laws

Lex soli is a law used in practice to regulate who and under what circumstances 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.[13][14]

Unrestricted jus soli

Africa

North America

The U.S. Constitution's natural-born-citizen clause, which determines the eligibility of those running for the office of President, has been at the center of a number of controversies and subject to various interpretations. Some of these interpretations entail a strict jus soli, barring anyone who was not born on U.S soil from attaining the presidency, while others are more permissive.
From 24 January 2020, the Trump administration adopted a new policy to make it more difficult for foreign nationals to obtain a nonimmigrant visa 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."[37] Conservatives in the United States have often called for legislative reforms, including an amendment to the Citizenship Clause of the 14th Amendment, to end jus soli in the United States – particularly for children born to persons unlawfully present in the country.
Persons 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).[38] 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.[39][40]

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

North America

South America

Asia

Europe

Oceania

Abolition

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

Explanatory notes

  1. ^ Parties to the Convention on the Reduction of Statelessness are also obligated to grant nationality to people who are born aboard ships flagged in the country or an aircraft registered in the country who would otherwise become stateless.[11]

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. 14: 63–81. doi:10.1111/rego.12197. S2CID 158447458.((cite journal)): 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. ^ Friedman, Yasmeen Serhan, Uri (31 October 2018). "America Isn't the 'Only Country' With Birthright Citizenship". The Atlantic. Retrieved 26 August 2021.
  7. ^ Rotunda, Ronald D. (16 September 2010). "Birthright citizenship benefits the country". Chicago Tribune.
  8. ^ Smith, Morgan (16 August 2010). "Repeal Birthright Citizenship – and Then What?". Texas Tribune.
  9. ^ Gilbertson, Greta (1 January 2006). "Citizenship in a Globalized World". Migration Policy Institute.
  10. ^ 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.
  11. ^ a b c Lung-chu Chen, An Introduction to Contemporary International Law: A Policy-Oriented Perspective (Oxford University Press, 2015), p. 223.
  12. ^ 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.
  13. ^ 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)
  14. ^ 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."
  15. ^ 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.")
  16. ^ a b Manby, B. (2012). Citizenship Law in Africa: A Comparative Study. Open Society Foundations. p. 36. ISBN 978-1-936133-29-1. Retrieved 13 February 2018.
  17. ^ 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.")
  18. ^ The Constitution of Lesotho, chap. IV, sec. 38 | CHAPTER IV CITIZENSHIP: 38. Persons born in Lesotho after the coming into operation of the Constitution
  19. ^ United Nations High Commissioner for Refugees. "Tanzania Citizenship Act, 1995". Refworld. Retrieved 6 September 2013.
  20. ^ Nalule, Caroline; Nambooze, Anna (April 2020). "Report on Citizenship Law: Tanzania" (PDF). Global Citizenship Observatory (GLOBALCIT), Robert Schuman Centre for Advanced Studies. RSCAS/GLOBALCIT-CR 2020/6.
  21. ^ a b c d e f g h i j k l m n o p q r s t u v w x y z Katherine Culliton-González, Born in the Americas: Birthright Citizenship and Human Rights, Harvard Human Rights Journal (2012), Vol. 25, pp. 135–36.
  22. ^ 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."
  23. ^ 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."
  24. ^ 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"
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  26. ^ Dangerfield, Katie (27 August 2018). "Conservatives want to end 'birth tourism' in Canada – but what exactly is the contested issue?". Global News.
  27. ^ 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..."
  28. ^ "Cuba". multiplecitizenship.com.
  29. ^ The Constitution of the Commonwealth of Dominica Chapter VII Citizenship 98: "Every person born in Dominica after the commencement of this Constitution shall become a citizen of Dominica at the date of his birth: Provided that a person shall not become a citizen of Dominica by virtue of this section if at the time of his birth- a) neither of his parents is a citizen of Dominica and his father possesses such immunity from suit and legal process as is accorded to the enjoyment of a foreign sovereign power accredited to Dominica; or b) his father is a citizen of a country with which Dominica is at war and the birth occurs in a place then under occupation by that country."
  30. ^ 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."
  31. ^ 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")
  32. ^ 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"
  33. ^ s:Constitution of the Republic of Trinidad and Tobago/Chapter 2
  34. ^ "United States Constitution". Archives.gov. 4 November 2015.
  35. ^ United States v. Wong Kim Ark, 169 U.S. 649 (1898)
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  37. ^ Kylie Atwood, Geneva Sands and Jennifer Hansler (23 January 2020). "US issues new rules restricting travel by pregnant foreigners, fearing the use of 'birth tourism'". CNN.
  38. ^ a b American Samoa and the Citizenship Clause: A Study in Insular Cases Revisionism. harvardlawreview.org. Retrieved July 27, 2020.
  39. ^ CNN.com. Federal judge rules American Samoans are US citizens by birth. Priscilla Alvarez. December 12, 2019. Retrieved July 27, 2020.
  40. ^ KSL.com. Judge puts citizenship ruling for American Samoans on hold. Dennis Romboy. December 13, 2019. Retrieved July 27, 2020.
  41. ^ 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
  42. ^ "Chile's Constitution of 1980 with Amendments through 2015" (PDF). Comparative Constitutions Project.
  43. ^ Constitution of the Republic of Chile, chap. II, art. 10, par. 1 (Spanish text; English version Archived 14 May 2011 at the Wayback Machine 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."
  44. ^ Uruguay: Whether a person who obtained Uruguayan 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)"
  45. ^ 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."
  46. ^ Constitution of Tuvalu Part III Section 45. Citizenship by birth: "(1) Subject to subsections (3) and (4), a person born in Tuvalu on or after the date on which this Constitution took effect is a citizen of Tuvalu by birth." Note: section 3 pertains to children of foreign diplomats and section 4 the father was a citizen of a country with which Tuvalu was at war at the time when the person was born"
  47. ^ Faryal Nazir, Section 3.1.1 in Report on Citizenship Law: Pakistan, Robert Schuman Centre for Advanced Studies, European University Institute (December 2016): "Jus soli or citizenship by birth is recognized in the Act (Section 3 and 4). At the time of commencement of the Act, a person born in Pakistan could claim nationality if he was residing in Pakistan. Every person born in Pakistan after the commencement of this Act is deemed to be citizen of Pakistan by birth. The law denies citizenship to a person born in the country, if his father enjoys diplomatic immunity in Pakistan or if his father was an enemy or alien in Pakistan. Therefore, the children born to aliens in Pakistan are not accorded the privilege of citizenship."
  48. ^ UN Refugee Agency: Pakistan Citizenship Act, 1951 Section 4. Citizenship by birth: Every person born in Pakistan after the commencement of this Act shall be a citizen of Pakistan by birth.
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  82. ^ e.g., child born in Greece to alien parents after coming of age (Nationality law of 1835, Article 2), child born in Greece of unknown father and mother (Greek Civil Law of 1856, Article 14, Paragraph c), child born in Greece and not automatically acquiring another nationality (Greek Nationality Code of 1955, Article 1, Paragraph d)
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  89. ^ 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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