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Jus sanguinis

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, the vast 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.

Modern development edit

At the end of the 19th century, the French-German debate on nationality saw the French, such as Ernest Renan, oppose the German conception,[6] exemplified by Johann Fichte, who believed in an "objective nationality", based on blood, race or language.[7] 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 edit

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.[8] 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.[9]

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.[10]

Complications due to imposed boundaries edit

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.[citation needed] Each is required by international treaty to extend those rights.[citation needed]

Current Jus sanguinis states edit

Africa edit

State Law
  Algeria
  Morocco Moroccan nationality law works in accordance to Article 6, that says a child born of a Moroccan father, or a Moroccan mother is a Moroccan by filiation.
  Kenya According to Article 14(1) of the Constitution of Kenya, 2010 a person becomes a citizen by birth if on the day of the person birth either parent is a citizen of Kenya
  Nigeria Nigerian nationality law works in accordance to chapter 3, section 25 1C of the Nigerian Constitution.
  Tunisia When one of the parents is Tunisian, a child is considered Tunisian regardless of the child's place of birth or whether the child has acquired the nationality of another country. Children with at least one Tunisian parent, no matter where they are born, are considered Tunisian citizens, and must travel to and from Tunisia only with a Tunisian passport.

North America edit

State Law
  Canada Under Canadian nationality law any person born to a Canadian-citizen parent is automatically a Canadian citizen.[11] An exception to this was introduced in 2009 to limit citizenship by descent to one generation born outside Canada: those born outside Canada within one generation of a native-born or naturalized citizen parent are Canadian citizens by descent, but their children are no longer granted citizenship by descent.[12]
  Dominican Republic According to the Dominican constitution, a child born abroad, to at least one of whose parents is a Dominican, is a citizen.
  Haiti According to Haitian nationality law, every child born to a Haitian father or mother, no matter where he or she was born, is Haitian by the Haitian Constitution. This has been a big issue in the current Dominican nationality law; because of this and other factors, illegal migrants' children born in the DR of Haitian origin are considered non-Dominicans, and therefore Haitians.
  Mexico Mexican nationality law is governed by Article 30 of the Mexican Constitution. It states that persons born abroad to at least one Mexican parent are Mexicans by birthright, whether the Mexican parent is a birthright Mexican or a naturalized Mexican.[13]
  United States U.S. nationality law states that a child born abroad is given United States citizenship at birth if at least one parent is a citizen or national, subject to certain conditions.[14]

South America edit

State Law
  Brazil Article 12, paragraph I b and c of the Constitution of Brazil establishes that a child born outside of Brazil to at least one Brazilian parent is a Brazilian national pending registration at the consular office or subsequent registration if residing in Brazil. They are considered originary Brazilian nationals as they are attributed Brazilian nationality by birth.
  Chile Chilean nationality law
  Colombia Colombian nationality law
  Suriname Surinamese nationality law[15]
  Venezuela Articles 32 to 42 of the Constitution of Venezuela.

Asia edit

State Law
  Armenia Armenian nationality law
  Azerbaijan Azerbaijani nationality law
  China Nationality law of the People's Republic of China
  India Indian nationality law. A child born in India on or after 3 December 2004 is considered a citizen of India by birth if both the parents are citizens of India or one of the parents is a citizen of India and the other is not an illegal migrant at the time of his birth. A person born outside India is considered as a citizen of India if either of his parents was a citizen of India by birth at the time of his birth, the parents must declare that the minor does not hold a passport of another country and have the birth registered at an Indian consulate within one year of the date of birth or with the permission of the Central Government, after the expiry of this period.
  Indonesia Indonesian nationality law
  Iran According to the Iranian nationality law the following people are considered to be Iranian subjects:[16]
  1. All people residing in Iran except those whose foreign nationality is established; the foreign nationality of such people is considered to be established if their documents of nationality have not been objected to by the Iranian Government.
  2. Those born in Iran or outside whose fathers are Iranian.
  3. Those born in Iran of unknown parentage.
  4. People born in Iran of foreign parents, one of whom was also born in Iran.
  5. People born in Iran of a father of foreign nationality who have resided at least one more year in Iran immediately after reaching the full age of 18; in other cases their naturalization as Iranian subjects will be subject to the stipulations for Iranian naturalization laid down by the law.
  6. Every woman of foreign nationality who marries an Iranian husband.
  7. Every foreign national who has obtained Iranian nationality.
  Israel Israeli nationality law confers citizenship by law, upon all children of Israeli citizens born in Israel, as well as the first generation of descendants of Israeli expatriates living abroad. All children born abroad must be registered within 30 days of birth. Israel refuses travel of children holding a foreign passport who were born abroad to an Israeli parent.
  Japan[17] Japanese nationality law
  Mongolia Mongolian nationality law allows citizens to gain citizenship if one parent is a Mongolian.
    Nepal Nepali nationality law
  Pakistan Pakistani nationality law states that every person born in Pakistan is a Pakistani citizen, and all persons with at least one parent who holds Pakistani citizenship can receive citizenship.
  Philippines Philippine nationality law is based upon the principles of jus sanguinis and therefore descent from a parent who is a citizen or national of the Philippines is the primary method of acquiring Philippine citizenship.
  South Korea South Korean nationality law
  Thailand Thai nationality law
  Taiwan According to Article 2 of Taiwan's nationality Act, a person shall have Taiwanese (ROC) nationality under any of the conditions provided by following subparagraphs, the first subparagraph being: his/her father or mother was a Taiwanese citizen or national when he/she was born.[18]
  United Arab Emirates (UAE) Emirati nationality law is covered by UAE federal law No. 17 of year 1972 which states a child born to a father who is an Emirati citizen is an Emirati national by descent. The law was later modified to include mothers too.

Europe edit

State Law
  Austria Austrian nationality law
  Czech Republic Under Czech nationality law, children and some grandchildren of citizens automatically receive citizenship regardless of birth location
  Denmark Danish nationality law
  Estonia Article 8 of the Estonian Constitution states that every child with at least one parent who is an Estonian citizen shall have the right, by birth, to Estonian citizenship.
  Finland Finnish nationality law
  France French nationality law[19]
  Germany German nationality law. Any person born to a German-citizen parent is a German citizen. However, this is not the case for children born abroad if any of their German parents were born abroad after 31 December 1999 and do not have their primary residence in Germany: the child is not automatically a German citizen by birth, but can acquire German citizenship as long as any of their German parents register their birth with the responsible German diplomatic mission within one year of the child's birth. This limitation does not apply if the child would otherwise be stateless or if one foreign-born German parent was born on or before 31 December 1999. Thus, the German citizenship of future generations born abroad can be preserved by having each child's birth registered with the German diplomatic mission within one year of birth. Furthermore, Article 116(1) of the German Basic Law confers, within the confines of the laws regulating the details, a right to citizenship upon any person who is admitted to Germany (in its borders of 1937) as "refugee or expellee of German ethnic origin or as the spouse or descendant of such a person." At one time, ethnic Germans living abroad in a country in the former Eastern Bloc (Aussiedler) could obtain citizenship through a virtually automatic procedure.[20] Since 1990 the law has been steadily tightened to limit the number of immigrants each year.[citation needed] It now requires immigrants to prove language skills and cultural affiliation. Article 116(2) entitles persons (and their descendants) who were denaturalised by the Nazi government, to be renaturalised if they wish. Those among them who took their residence in Germany after 8 May 1945, are automatically to be considered German. Both paragraphs (1) and (2) result in a considerable number of Poles and Israelis, residing in Poland and Israel respectively, being concurrently German.
  Hungary A person acquires Hungarian citizenship at birth if at least one parent is a Hungarian citizen. The place of birth is irrelevant. Furthermore, Section 4(3) of the Act on Nationality permits ethnic Hungarians (defined as persons "at least one of whose relatives in ascendant line was a Hungarian citizen") to obtain citizenship on preferential terms after one year of residence. In addition, the "Status Law" of 2001 grants certain privileges to ethnic Hungarians living in territories that were once part of the Austro-Hungarian Empire. It permits them to obtain an identification card but does not confer the right to full Hungarian citizenship. According to the latest Citizenship Law adopted in 2010, anybody, possessing certain evidence (certificates, documents) of his or her Hungarian roots from around the World can apply for Hungarian citizenship. The interview is led in Hungarian either in Hungary or at one of the Consulates abroad.
  Iceland Icelandic nationality law
  Republic of Ireland Citizenship by descent is automatic where at least one parent was an Irish citizen born on the island of Ireland. Second and subsequent generation descendants require registration of each generation in the Foreign Births Register before the birth of the next; citizenship by descent can be continued indefinitely as long as registration is performed this way.

See also Irish nationality law and twenty-seventh Amendment of the Constitution of Ireland.

  Italy Italian nationality law
  Malta Maltese nationality law grants citizenship to any person descended from "an ascendant who was born in Malta of a parent who was also born in Malta."
  Netherlands Dutch nationality law
  Norway Norwegian nationality law
  Poland Polish nationality law. The definition of Polish citizenship has been based for years on article 34 of the Polish Constitution; this article is based on a jus sanguinis right to citizenship.[21] Moreover, any child born by Polish parent(s) is a de jure citizen of Poland. In 1967–1968 the Communist State issued to Jews emigrating from Poland to Israel, instead of passports, a so-called travel document which granted them the right to exit Poland but not of re-entering it, in effect taking away their Polish citizenship on the assumption that, in emigrating or traveling to Israel, they renounced it themselves. In a 2005 verdict, the Supreme Administrative Court of Poland ruled that this action was illegal based on the state of law at that time. Consequently, it is now assumed the Jews who emigrated after 1968 have remained Polish citizens and their citizenship will be certified on request.[22]
  Portugal Portuguese nationality law grants nationality to children and grandchildren of Portuguese nationals who are born abroad pending registration or application at a consulate or registration authority offices. Ius sanguinis nationality to children follows a simple registration procedure, whilst nationality through the grandparental route requires the proof of an effective connection to the Portuguese community. This connection is proved by language proficiency in Portuguese and the lack of aggravated criminal convictions. Nationals from other Portuguese-speaking countries are presumed to have sufficient knowledge of Portuguese pending only for them the lack of criminal convictions for aggravated offences.
  Romania Romanian nationality law
  Russia Russian nationality law
  Slovakia Persons with at least one Slovak grandparent and "Slovak cultural and language awareness" may apply for an expatriate identity card entitling them to live, work, study and own land in Slovakia. Expatriate status is not full citizenship and does not entitle the holder to vote, but a holder who moves his or her domicile to Slovakia may obtain citizenship under preferential terms. Slovakia grants full Slovak citizenship to children of Slovak parents (one or both parents) irrespective of the place of birth.
  Spain Spanish nationality law
  Sweden Swedish nationality law
   Switzerland Swiss nationality law is exceptionally restrictive: someone who was born in Switzerland and has spent their entire life there has no automatic right to Swiss citizenship if neither of their parents are Swiss citizens, even if their parents are permanent residents or have themselves spent their entire lives in Switzerland. In fact, the citizenship criteria are simpler for a foreigner with no previous ties to Switzerland who marries a Swiss citizen, than for people born and raised in Switzerland but with foreign parents. Due to Switzerland's high immigrant population, there are more than a million people who were born and have spent their entire lives in Switzerland but are not Swiss citizens due to their parents being immigrants. Some Swiss-born third-generation immigrants even have Swiss-born parents but are not Swiss citizens if neither of their parents have naturalised. To obtain Swiss citizenship, people in this position must undergo naturalisation proceedings, which have a high bar to satisfy the "integration" criterion. The unusual rules hit international headlines in 2017 when a woman born in Switzerland to Turkish parents, who is a native Swiss-German speaker and has spent her entire life in Switzerland, had her citizenship application denied by the local municipality on "integration" grounds as she could not name enough Swiss mountains, cheeses and retail brands, and was deemed not to have gone skiing often enough.[23] The decision was overruled by the cantonal government several months later.[24] In 2017, Swiss voters in a nationwide referendum agreed to relax the citizenship criteria for third-generation immigrants slightly: although they will still not be Swiss citizens at birth and will need to apply for citizenship, they will no longer have to take naturalisation tests or interviews if their parents and grandparents are long-time permanent residents.[25][26]
  Ukraine Article 8 of the Law on Citizenship of Ukraine permits any person with at least one Ukrainian grandparent to become a citizen upon renunciation of the former nationality. The "Status of a Foreign Ukrainian" can also be granted to foreign citizens with Ukrainian ethnic or territorial origin to work, study, and immigrate to Ukraine under preferential terms.[27]
  United Kingdom By birth abroad, which constitutes "by descent" if one of the parents is a British citizen otherwise than by descent (for example by birth, adoption, registration or naturalisation in the UK). British citizenship by descent is only transferable to one generation down from the parent who is a British citizen otherwise than by descent, if the child is born abroad.

Current Leges sanguinis states edit

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

State Description
  Afghanistan Connection to the Afghan diaspora. There have been controversial proposals to people of Pashtun origin.
  Armenia Article 14 of the Constitution of Armenia (1995) provides that "individuals of Armenian origin shall acquire citizenship of the Republic of Armenia through a simplified procedure."[28] This provision is consistent with the Declaration on Independence of Armenia, issued by the Supreme Soviet of the Republic of Armenia in 1989, which declared at article 4 that "Armenians living abroad are entitled to the citizenship of the Republic of Armenia."
  Bulgaria Article 25 of the 1991 constitution specifies that a "person of Bulgarian origin shall acquire Bulgarian citizenship through a facilitated procedure." Article 15 of the Law on Bulgarian Citizenship provides that an individual "of Bulgarian origin" (ethnicity) may be naturalized without any waiting period and without having to show a source of income, knowledge of the Bulgarian language, or renunciation of his former citizenship. This approach has been a tradition since the new constitutional foundation of Bulgaria in 1879, following the liberation from Ottoman yoke in 1878, when large numbers of ethnic Bulgarians remained outside of the state borders. Bulgaria and Greece were subject to a population exchange following the Second Balkan War. The conditions of the treaty settlement mandated that they accept individuals claiming respective ethnic origin.
  Croatia Article 11 of the Law on Croatian Citizenship allows emigrants and their descendants to acquire Croatian nationality upon return, without passing a language examination or renouncing former citizenship. In addition, Article 16 allows ethnic Croats living outside Croatia to "acquire Croatian citizenship" by making a written declaration and by submitting proof of attachment to Croatian culture.
  Finland Finnish law provides a right of return to ethnic Finns from the former Soviet Union, including Ingrians. Applicants must now pass an examination in one of the official languages of the country, Finnish or Swedish. Certain persons of Finnish descent who live outside the former Soviet Union also have the right to establish permanent residency, which would eventually entitle them to qualify for citizenship.
  Germany Article 116(1) of the German Basic Law confers, subject to laws regulating the details, a right to citizenship for anyone admitted to Germany within its 1937 borders as a "refugee or expelled of German ethnic origin or as the spouse or descendant of such a person."[29] Until 1990, ethnic Germans from the Eastern bloc could obtain citizenship through a virtually automatic procedure, but since then the law was tightened, requiring applicants to prove German language skills and cultural affiliation.
  Greece Ethnic Greeks can obtain Greek citizenship by two methods under the Code of Greek Nationality. Article 5 allows ethnic Greeks who are stateless (which, in practice, includes those who voluntarily renounce their nationality) to obtain citizenship upon application to a Greek consular official. In addition, ethnic Greeks who join the armed forces acquire automatic citizenship by operation of Article 10, with the military oath taking the place of the citizenship oath. This position arises from the fact that approximately 85% of known ethnic Greeks were outside the boundaries when the country was formed, and 40% remained outside the final boundaries at the beginning of World War I. Most were de jure stripped of their host country citizenship with the outbreak of war if the host country was at war with Greece. In the late 19th century, Greece had a wider diaspora because of poverty and limited opportunities.
  Ireland While the child or a grandchild of an Irish citizen born in Ireland is entitled to Irish citizenship, section 16(a) of the Irish Nationality and Citizenship Act permits the Minister of Justice, at their discretion, to waive the residence requirements for a person "of Irish descent or associations."
  Israel The Law of Return offers citizenship to Jews wishing to immigrate, as well as non-Jews with at least one Jewish grandparent (see "Who is a Jew under the Law of Return?"), as well as their spouses. Exceptions can be made for those considered by the Minister of Interior to be a threat to the welfare or security of the state. While those with sufficient Jewish ancestry to qualify for the Law of Return who grew up with a religion other than Judaism and secular Jews are eligible to immigrate to Israel, Jews who voluntarily convert to another religion are not. Converts to Judaism who wish to immigrate to Israel are evaluated on a case-by-case basis by the Israeli Interior Ministry, which determines whether the conversion was sincere in its view.[30] Israeli law also recognizes the descendants of Israeli emigrants living abroad as Israelis; this applies only to the first generation born abroad. Non-Jews can become naturalized after five years of residency and acquisition of a basic knowledge of Hebrew.
  Italy The nationality law of Italy bestows citizenship jure sanguinis. There is no limit of generations for the citizenship via blood. However, the first citizens of the modern Italian state were alive on 17 March 1861 when the state was officially formed, and for this reason all claims of Italian citizenship by jure sanguinis must stem from an ancestor who was living after 16 March 1861. Each descendant of the ancestor through whom citizenship is claimed jure sanguinis could pass Italian citizenship to the next generation only if this descendant was entitled to Italian citizenship at the time of the birth of the next person in the line. So if any person in the line lost the Italian citizenship and then had a child, that child did not inherit Italian citizenship jure sanguinis, except if the child could inherit the citizenship from the other parent. Cases of dual citizenship were possible, which is to say, for example, that a person in the line could have had Italian and Canadian citizenship concurrently. Minor children of Italian citizens were at risk of losing Italian citizenship if the child's parent naturalized in another country, unless the child was subject to an exception to this risk—and children born and residing in a country where they held dual citizenship by jus soli were subject to such an exception since 1 July 1912. Until 1 January 1948, Italian law did not generally permit women to pass on citizenship. Persons born before that date are in most cases not Italian citizens jure sanguinis if their line of descent from an Italian citizen depends on a female at some point before 1948. On several occasions, this limitation of deriving Italian citizenship only from fathers before 1948 has been successfully challenged in court.
  Kiribati Articles 19 and 23 of the constitution provides,

Every person of I-Kiribati descent... shall... become or have and continue to have thereafter the right to become a citizen of Kiribati.... Every person of I-Kiribati descent who does not become a citizen of Kiribati on Independence Day... shall, at any time thereafter, be entitled upon making application in such manner as may be prescribed to be registered as a citizen of Kiribati.

  Liberia The Liberian constitution allows only Negros (regardless of cultural or national affiliation) to become citizens, though people of other races may live in Liberia as permanent residents.[31]
  Lithuania The Constitution of Lithuania grants a right to citizenship to foreigners of ethnic Lithuanian origins.[32]
  Myanmar The Burma Citizenship Law of 1982 states:

Nationals such as the Kachin, Kayah, Karen, Chin, Burman, Mon, Rakhine or Shan and ethnic groups as have settled in any of the territories included within the State as their permanent home from a period anterior to 1185 B.E., 1823 A.D. are Burma citizens.[33]

  Portugal The Organic Law 2/2006, the Organic Law 9/2015 and the Organic Law 2/2018 state that Portugal has 'jure sanguinis' with a limit of two generations for citizenship via blood (with some restrictions). It allows for grandchildren of Portuguese citizens to acquire Portuguese citizenship even if their parent did not claim it.

The Jewish Law of Return allows descendants of Portuguese Jews who were expelled in the Portuguese Inquisition to become citizens if they 'belong to a Sephardic community of Portuguese origin with ties to Portugal'.

  Rwanda The Rwandan constitution provides that "[a]ll persons originating from Rwanda and their descendants shall, upon their request, be entitled to Rwandan nationality."
  Serbia Article 23 of the 2004 citizenship law provides that the descendants of emigrants from Serbia, or ethnic Serbs residing abroad, may take up citizenship upon written declaration.
  Spain A Spanish law passed in 2015 allows individuals who can prove descent from the Sephardic Jews who were exiled in 1492 following the Alhambra Decree and who can show a "special link" to Spain to apply for dual citizenship. Spain had previously allowed application for such individuals but had required that they give up their citizenship from their other country. The new law has no such requirement.[34]
  South Korea South Korean nationality law grants special status to ethnic Koreans and their descendants in the Korean diaspora. Under the Constitution of South Korea, North Korea is part of the Republic of Korea. Therefore, North Korean citizens are also recognized as South Korean nationals. All North Koreans of good conduct are granted citizenship upon arrival to South Korea.
  Turkey Turkish law allows people of Turkish origin and their spouse and children, to apply for naturalization without the five-year waiting period applicable to other immigrants. Turkey and Greece reciprocally expelled their minorities in the early 1920s after World War I. They were mandated by international treaty to accept incoming populations as citizens based on ethnic background.

See also edit

References edit

  1. ^ "International Migration Law No. 34 - Glossary on Migration". International Organization for Migration: 120. 19 June 2019. ISSN 1813-2278.
  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). (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. ^ Safran (2016), p. 314.
  6. ^ Renan, Ernest (1882). "What is a Nation?" (PDF). UC Paris.
  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
  8. ^ "Acquisition of U.S. Citizenship by a Child Born Abroad". travel.state.gov. Retrieved 2 July 2023.
  9. ^ "Check if you're a British citizen". GOV.UK. Retrieved 2 July 2023.
  10. ^ "Ensuring that no child is born stateless" (PDF). UNHCR. Retrieved 2 July 2023.
  11. ^ Branch, Government of Canada, Immigration, Refugees and Citizenship Canada, Communications (25 July 2013). "Acquisition of citizenship". www.cic.gc.ca. 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. . www.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. ^ (PDF). Orden Juridico. 18 November 2021. Archived from the original (PDF) on 18 November 2021. Retrieved 18 August 2022.
  14. ^ "Acquisition of U.S. Citizenship by a Child Born Abroad". travel.state.gov. Retrieved 19 March 2018.
  15. ^ "Vaststelling nationaliteit". www.gov.sr. Retrieved 28 May 2021.
  16. ^ "Nationality Law: Article 976". Iran Data Portal: Princeton University. 2015. Retrieved 6 October 2015.
  17. ^ "Tokyo court upholds deportation order for Thai teenager born and raised in Japan". The Japan Times Online. 2016. Retrieved 6 December 2016.
  18. ^ "Taiwan nationality act".
  19. ^ "Dans quels cas un enfant est-il Français ?".
  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 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. Retrieved 6 October 2015.
  23. ^ "Das Einbürgerungs-Protokoll: Diese 92 Fragen musste Funda Yilmaz beantworten". az Aargauer Zeitung (in Swiss High German). from the original on 6 April 2018. Retrieved 6 April 2018.
  24. ^ agencies, swissinfo.ch and. "Decision to deny citizenship to Turkish woman reversed". SWI swissinfo.ch. from the original on 7 April 2018. Retrieved 6 April 2018.
  25. ^ "Swiss vote for relaxed citizenship laws". BBC News. 12 February 2017. from the original on 16 June 2018. Retrieved 6 April 2018.
  26. ^ Council, The Federal. "Federal Decree on the Simplified Naturalisation of Third-Generation Immigrants". www.admin.ch. from the original on 6 April 2018. Retrieved 6 April 2018.
  27. ^ "To Foreigners of Ukrainian Origin". mon.gov.ua. Ministry of Education and Science of Ukraine. Retrieved 27 March 2021.
  28. ^ "Constitution of the Republic of Armenia". International Constitutional Law Project. 5 July 1995. Retrieved 6 October 2015.
  29. ^ https://www.legislationline.org/download/id/5922/file/Germany_Basic%20Law_2012_en.pdf#:~:text=(1)%20No%20German%20may%20be,become%20stateless%20as%20a%20result.[bare URL PDF]
  30. ^ "Aliyah after conversion to Judaism (Giyur) Legal Advice 03-3724722".
  31. ^ Tannenbaum, Jessie; Valcke, Anthony; McPherson, Andrew (1 May 2009). "Analysis of the Aliens and Nationality Law of the Republic of Liberia". Rochester, NY. doi:10.2139/ssrn.1795122. SSRN 1795122. {{cite journal}}: Cite journal requires |journal= (help)
  32. ^ "Constitution of Lithuania: Article 32(4)". International Constitutional Law Project. 25 October 1992. Retrieved 6 October 2015.
  33. ^ "The 1982 Burmese Nationality Law (Myanmar Version) | PDF | Myanmar | Rohingya People".
  34. ^ Chu, Henry (October 2015). "Welcome home, 500 years later: Spain offers citizenship to Sephardic Jews". Los Angeles Times.

Bibliography edit

  • Safran, William (2016). "Citizenship and Nationality in Democratic Systems: Approaches to Defining and Acquiring Membership in the Political Community". International Political Science Review. 18 (3): 313–335. doi:10.1177/019251297018003006. ISSN 0192-5121. S2CID 145476893.

sanguinis, this, article, needs, additional, citations, verification, please, help, improve, this, article, adding, citations, reliable, sources, unsourced, material, challenged, removed, find, sources, news, newspapers, books, scholar, jstor, august, 2008, le. This article needs additional citations for verification Please help improve this article by adding citations to reliable sources Unsourced material may be challenged and removed Find sources Jus sanguinis news newspapers books scholar JSTOR August 2008 Learn how and when to remove this template message Jus sanguinis English dʒ ʌ s ˈ s ae ŋ ɡ w ɪ n ɪ s juss SANG gwin iss j uː s 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 the vast 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 Contents 1 Modern development 1 1 Mixed standards 1 2 Complications due to imposed boundaries 2 Current Jus sanguinis states 2 1 Africa 2 2 North America 2 3 South America 2 4 Asia 2 5 Europe 3 Current Leges sanguinis states 4 See also 5 References 5 1 BibliographyModern development editAt the end of the 19th century the French German debate on nationality saw the French such as Ernest Renan oppose the German conception 6 exemplified by Johann Fichte who believed in an objective nationality based on blood race or language 7 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 edit 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 8 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 9 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 10 Complications due to imposed boundaries edit 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 citation needed Each is required by international treaty to extend those rights citation needed Current Jus sanguinis states editThis section needs additional citations for verification Please help improve this article by adding citations to reliable sources in this section Unsourced material may be challenged and removed Find sources Jus sanguinis news newspapers books scholar JSTOR August 2021 Learn how and when to remove this template message Africa edit State Law nbsp Algeria Main article Algerian nationality law nbsp Morocco Moroccan nationality law works in accordance to Article 6 that says a child born of a Moroccan father or a Moroccan mother is a Moroccan by filiation nbsp Kenya According to Article 14 1 of the Constitution of Kenya 2010 a person becomes a citizen by birth if on the day of the person birth either parent is a citizen of Kenya nbsp Nigeria Nigerian nationality law works in accordance to chapter 3 section 25 1C of the Nigerian Constitution nbsp Tunisia When one of the parents is Tunisian a child is considered Tunisian regardless of the child s place of birth or whether the child has acquired the nationality of another country Children with at least one Tunisian parent no matter where they are born are considered Tunisian citizens and must travel to and from Tunisia only with a Tunisian passport North America edit State Law nbsp Canada Under Canadian nationality law any person born to a Canadian citizen parent is automatically a Canadian citizen 11 An exception to this was introduced in 2009 to limit citizenship by descent to one generation born outside Canada those born outside Canada within one generation of a native born or naturalized citizen parent are Canadian citizens by descent but their children are no longer granted citizenship by descent 12 nbsp Dominican Republic According to the Dominican constitution a child born abroad to at least one of whose parents is a Dominican is a citizen nbsp Haiti According to Haitian nationality law every child born to a Haitian father or mother no matter where he or she was born is Haitian by the Haitian Constitution This has been a big issue in the current Dominican nationality law because of this and other factors illegal migrants children born in the DR of Haitian origin are considered non Dominicans and therefore Haitians nbsp Mexico Mexican nationality law is governed by Article 30 of the Mexican Constitution It states that persons born abroad to at least one Mexican parent are Mexicans by birthright whether the Mexican parent is a birthright Mexican or a naturalized Mexican 13 nbsp United States U S nationality law states that a child born abroad is given United States citizenship at birth if at least one parent is a citizen or national subject to certain conditions 14 South America edit State Law nbsp Brazil Article 12 paragraph I b and c of the Constitution of Brazil establishes that a child born outside of Brazil to at least one Brazilian parent is a Brazilian national pending registration at the consular office or subsequent registration if residing in Brazil They are considered originary Brazilian nationals as they are attributed Brazilian nationality by birth nbsp Chile Chilean nationality law nbsp Colombia Colombian nationality law nbsp Suriname Surinamese nationality law 15 nbsp Venezuela Articles 32 to 42 of the Constitution of Venezuela Asia edit State Law nbsp Armenia Armenian nationality law nbsp Azerbaijan Azerbaijani nationality law nbsp China Nationality law of the People s Republic of China nbsp India Indian nationality law A child born in India on or after 3 December 2004 is considered a citizen of India by birth if both the parents are citizens of India or one of the parents is a citizen of India and the other is not an illegal migrant at the time of his birth A person born outside India is considered as a citizen of India if either of his parents was a citizen of India by birth at the time of his birth the parents must declare that the minor does not hold a passport of another country and have the birth registered at an Indian consulate within one year of the date of birth or with the permission of the Central Government after the expiry of this period nbsp Indonesia Indonesian nationality law nbsp Iran According to the Iranian nationality law the following people are considered to be Iranian subjects 16 All people residing in Iran except those whose foreign nationality is established the foreign nationality of such people is considered to be established if their documents of nationality have not been objected to by the Iranian Government Those born in Iran or outside whose fathers are Iranian Those born in Iran of unknown parentage People born in Iran of foreign parents one of whom was also born in Iran People born in Iran of a father of foreign nationality who have resided at least one more year in Iran immediately after reaching the full age of 18 in other cases their naturalization as Iranian subjects will be subject to the stipulations for Iranian naturalization laid down by the law Every woman of foreign nationality who marries an Iranian husband Every foreign national who has obtained Iranian nationality nbsp Israel Israeli nationality law confers citizenship by law upon all children of Israeli citizens born in Israel as well as the first generation of descendants of Israeli expatriates living abroad All children born abroad must be registered within 30 days of birth Israel refuses travel of children holding a foreign passport who were born abroad to an Israeli parent nbsp Japan 17 Japanese nationality law nbsp Mongolia Mongolian nationality law allows citizens to gain citizenship if one parent is a Mongolian nbsp Nepal Nepali nationality law nbsp Pakistan Pakistani nationality law states that every person born in Pakistan is a Pakistani citizen and all persons with at least one parent who holds Pakistani citizenship can receive citizenship nbsp Philippines Philippine nationality law is based upon the principles of jus sanguinis and therefore descent from a parent who is a citizen or national of the Philippines is the primary method of acquiring Philippine citizenship nbsp South Korea South Korean nationality law nbsp Thailand Thai nationality law nbsp Taiwan According to Article 2 of Taiwan s nationality Act a person shall have Taiwanese ROC nationality under any of the conditions provided by following subparagraphs the first subparagraph being his her father or mother was a Taiwanese citizen or national when he she was born 18 nbsp United Arab Emirates UAE Emirati nationality law is covered by UAE federal law No 17 of year 1972 which states a child born to a father who is an Emirati citizen is an Emirati national by descent The law was later modified to include mothers too Europe edit State Law nbsp Austria Austrian nationality law nbsp Czech Republic Under Czech nationality law children and some grandchildren of citizens automatically receive citizenship regardless of birth location nbsp Denmark Danish nationality law nbsp Estonia Article 8 of the Estonian Constitution states that every child with at least one parent who is an Estonian citizen shall have the right by birth to Estonian citizenship nbsp Finland Finnish nationality law nbsp France French nationality law 19 nbsp Germany German nationality law Any person born to a German citizen parent is a German citizen However this is not the case for children born abroad if any of their German parents were born abroad after 31 December 1999 and do not have their primary residence in Germany the child is not automatically a German citizen by birth but can acquire German citizenship as long as any of their German parents register their birth with the responsible German diplomatic mission within one year of the child s birth This limitation does not apply if the child would otherwise be stateless or if one foreign born German parent was born on or before 31 December 1999 Thus the German citizenship of future generations born abroad can be preserved by having each child s birth registered with the German diplomatic mission within one year of birth Furthermore Article 116 1 of the German Basic Law confers within the confines of the laws regulating the details a right to citizenship upon any person who is admitted to Germany in its borders of 1937 as refugee or expellee of German ethnic origin or as the spouse or descendant of such a person At one time ethnic Germans living abroad in a country in the former Eastern Bloc Aussiedler could obtain citizenship through a virtually automatic procedure 20 Since 1990 the law has been steadily tightened to limit the number of immigrants each year citation needed It now requires immigrants to prove language skills and cultural affiliation Article 116 2 entitles persons and their descendants who were denaturalised by the Nazi government to be renaturalised if they wish Those among them who took their residence in Germany after 8 May 1945 are automatically to be considered German Both paragraphs 1 and 2 result in a considerable number of Poles and Israelis residing in Poland and Israel respectively being concurrently German nbsp Hungary A person acquires Hungarian citizenship at birth if at least one parent is a Hungarian citizen The place of birth is irrelevant Furthermore Section 4 3 of the Act on Nationality permits ethnic Hungarians defined as persons at least one of whose relatives in ascendant line was a Hungarian citizen to obtain citizenship on preferential terms after one year of residence In addition the Status Law of 2001 grants certain privileges to ethnic Hungarians living in territories that were once part of the Austro Hungarian Empire It permits them to obtain an identification card but does not confer the right to full Hungarian citizenship According to the latest Citizenship Law adopted in 2010 anybody possessing certain evidence certificates documents of his or her Hungarian roots from around the World can apply for Hungarian citizenship The interview is led in Hungarian either in Hungary or at one of the Consulates abroad nbsp Iceland Icelandic nationality law nbsp Republic of Ireland Citizenship by descent is automatic where at least one parent was an Irish citizen born on the island of Ireland Second and subsequent generation descendants require registration of each generation in the Foreign Births Register before the birth of the next citizenship by descent can be continued indefinitely as long as registration is performed this way See also Irish nationality law and twenty seventh Amendment of the Constitution of Ireland nbsp Italy Italian nationality law nbsp Malta Maltese nationality law grants citizenship to any person descended from an ascendant who was born in Malta of a parent who was also born in Malta nbsp Netherlands Dutch nationality law nbsp Norway Norwegian nationality law nbsp Poland Polish nationality law The definition of Polish citizenship has been based for years on article 34 of the Polish Constitution this article is based on a jus sanguinis right to citizenship 21 Moreover any child born by Polish parent s is a de jure citizen of Poland In 1967 1968 the Communist State issued to Jews emigrating from Poland to Israel instead of passports a so called travel document which granted them the right to exit Poland but not of re entering it in effect taking away their Polish citizenship on the assumption that in emigrating or traveling to Israel they renounced it themselves In a 2005 verdict the Supreme Administrative Court of Poland ruled that this action was illegal based on the state of law at that time Consequently it is now assumed the Jews who emigrated after 1968 have remained Polish citizens and their citizenship will be certified on request 22 nbsp Portugal Portuguese nationality law grants nationality to children and grandchildren of Portuguese nationals who are born abroad pending registration or application at a consulate or registration authority offices Ius sanguinis nationality to children follows a simple registration procedure whilst nationality through the grandparental route requires the proof of an effective connection to the Portuguese community This connection is proved by language proficiency in Portuguese and the lack of aggravated criminal convictions Nationals from other Portuguese speaking countries are presumed to have sufficient knowledge of Portuguese pending only for them the lack of criminal convictions for aggravated offences nbsp Romania Romanian nationality law nbsp Russia Russian nationality law nbsp Slovakia Persons with at least one Slovak grandparent and Slovak cultural and language awareness may apply for an expatriate identity card entitling them to live work study and own land in Slovakia Expatriate status is not full citizenship and does not entitle the holder to vote but a holder who moves his or her domicile to Slovakia may obtain citizenship under preferential terms Slovakia grants full Slovak citizenship to children of Slovak parents one or both parents irrespective of the place of birth nbsp Spain Spanish nationality law nbsp Sweden Swedish nationality law nbsp Switzerland Swiss nationality law is exceptionally restrictive someone who was born in Switzerland and has spent their entire life there has no automatic right to Swiss citizenship if neither of their parents are Swiss citizens even if their parents are permanent residents or have themselves spent their entire lives in Switzerland In fact the citizenship criteria are simpler for a foreigner with no previous ties to Switzerland who marries a Swiss citizen than for people born and raised in Switzerland but with foreign parents Due to Switzerland s high immigrant population there are more than a million people who were born and have spent their entire lives in Switzerland but are not Swiss citizens due to their parents being immigrants Some Swiss born third generation immigrants even have Swiss born parents but are not Swiss citizens if neither of their parents have naturalised To obtain Swiss citizenship people in this position must undergo naturalisation proceedings which have a high bar to satisfy the integration criterion The unusual rules hit international headlines in 2017 when a woman born in Switzerland to Turkish parents who is a native Swiss German speaker and has spent her entire life in Switzerland had her citizenship application denied by the local municipality on integration grounds as she could not name enough Swiss mountains cheeses and retail brands and was deemed not to have gone skiing often enough 23 The decision was overruled by the cantonal government several months later 24 In 2017 Swiss voters in a nationwide referendum agreed to relax the citizenship criteria for third generation immigrants slightly although they will still not be Swiss citizens at birth and will need to apply for citizenship they will no longer have to take naturalisation tests or interviews if their parents and grandparents are long time permanent residents 25 26 nbsp Ukraine Article 8 of the Law on Citizenship of Ukraine permits any person with at least one Ukrainian grandparent to become a citizen upon renunciation of the former nationality The Status of a Foreign Ukrainian can also be granted to foreign citizens with Ukrainian ethnic or territorial origin to work study and immigrate to Ukraine under preferential terms 27 nbsp United Kingdom By birth abroad which constitutes by descent if one of the parents is a British citizen otherwise than by descent for example by birth adoption registration or naturalisation in the UK British citizenship by descent is only transferable to one generation down from the parent who is a British citizen otherwise than by descent if the child is born abroad Current Leges sanguinis states editMany countries provide citizenship on preferential terms to individuals with ethnic ties to these countries so called leges sanguinis State Description nbsp Afghanistan Connection to the Afghan diaspora There have been controversial proposals to people of Pashtun origin nbsp Armenia Article 14 of the Constitution of Armenia 1995 provides that individuals of Armenian origin shall acquire citizenship of the Republic of Armenia through a simplified procedure 28 This provision is consistent with the Declaration on Independence of Armenia issued by the Supreme Soviet of the Republic of Armenia in 1989 which declared at article 4 that Armenians living abroad are entitled to the citizenship of the Republic of Armenia nbsp Bulgaria Article 25 of the 1991 constitution specifies that a person of Bulgarian origin shall acquire Bulgarian citizenship through a facilitated procedure Article 15 of the Law on Bulgarian Citizenship provides that an individual of Bulgarian origin ethnicity may be naturalized without any waiting period and without having to show a source of income knowledge of the Bulgarian language or renunciation of his former citizenship This approach has been a tradition since the new constitutional foundation of Bulgaria in 1879 following the liberation from Ottoman yoke in 1878 when large numbers of ethnic Bulgarians remained outside of the state borders Bulgaria and Greece were subject to a population exchange following the Second Balkan War The conditions of the treaty settlement mandated that they accept individuals claiming respective ethnic origin nbsp Croatia Article 11 of the Law on Croatian Citizenship allows emigrants and their descendants to acquire Croatian nationality upon return without passing a language examination or renouncing former citizenship In addition Article 16 allows ethnic Croats living outside Croatia to acquire Croatian citizenship by making a written declaration and by submitting proof of attachment to Croatian culture nbsp Finland Finnish law provides a right of return to ethnic Finns from the former Soviet Union including Ingrians Applicants must now pass an examination in one of the official languages of the country Finnish or Swedish Certain persons of Finnish descent who live outside the former Soviet Union also have the right to establish permanent residency which would eventually entitle them to qualify for citizenship nbsp Germany Article 116 1 of the German Basic Law confers subject to laws regulating the details a right to citizenship for anyone admitted to Germany within its 1937 borders as a refugee or expelled of German ethnic origin or as the spouse or descendant of such a person 29 Until 1990 ethnic Germans from the Eastern bloc could obtain citizenship through a virtually automatic procedure but since then the law was tightened requiring applicants to prove German language skills and cultural affiliation nbsp Greece Ethnic Greeks can obtain Greek citizenship by two methods under the Code of Greek Nationality Article 5 allows ethnic Greeks who are stateless which in practice includes those who voluntarily renounce their nationality to obtain citizenship upon application to a Greek consular official In addition ethnic Greeks who join the armed forces acquire automatic citizenship by operation of Article 10 with the military oath taking the place of the citizenship oath This position arises from the fact that approximately 85 of known ethnic Greeks were outside the boundaries when the country was formed and 40 remained outside the final boundaries at the beginning of World War I Most were de jure stripped of their host country citizenship with the outbreak of war if the host country was at war with Greece In the late 19th century Greece had a wider diaspora because of poverty and limited opportunities nbsp Ireland While the child or a grandchild of an Irish citizen born in Ireland is entitled to Irish citizenship section 16 a of the Irish Nationality and Citizenship Act permits the Minister of Justice at their discretion to waive the residence requirements for a person of Irish descent or associations nbsp Israel The Law of Return offers citizenship to Jews wishing to immigrate as well as non Jews with at least one Jewish grandparent see Who is a Jew under the Law of Return as well as their spouses Exceptions can be made for those considered by the Minister of Interior to be a threat to the welfare or security of the state While those with sufficient Jewish ancestry to qualify for the Law of Return who grew up with a religion other than Judaism and secular Jews are eligible to immigrate to Israel Jews who voluntarily convert to another religion are not Converts to Judaism who wish to immigrate to Israel are evaluated on a case by case basis by the Israeli Interior Ministry which determines whether the conversion was sincere in its view 30 Israeli law also recognizes the descendants of Israeli emigrants living abroad as Israelis this applies only to the first generation born abroad Non Jews can become naturalized after five years of residency and acquisition of a basic knowledge of Hebrew nbsp Italy The nationality law of Italy bestows citizenship jure sanguinis There is no limit of generations for the citizenship via blood However the first citizens of the modern Italian state were alive on 17 March 1861 when the state was officially formed and for this reason all claims of Italian citizenship by jure sanguinis must stem from an ancestor who was living after 16 March 1861 Each descendant of the ancestor through whom citizenship is claimed jure sanguinis could pass Italian citizenship to the next generation only if this descendant was entitled to Italian citizenship at the time of the birth of the next person in the line So if any person in the line lost the Italian citizenship and then had a child that child did not inherit Italian citizenship jure sanguinis except if the child could inherit the citizenship from the other parent Cases of dual citizenship were possible which is to say for example that a person in the line could have had Italian and Canadian citizenship concurrently Minor children of Italian citizens were at risk of losing Italian citizenship if the child s parent naturalized in another country unless the child was subject to an exception to this risk and children born and residing in a country where they held dual citizenship by jus soli were subject to such an exception since 1 July 1912 Until 1 January 1948 Italian law did not generally permit women to pass on citizenship Persons born before that date are in most cases not Italian citizens jure sanguinis if their line of descent from an Italian citizen depends on a female at some point before 1948 On several occasions this limitation of deriving Italian citizenship only from fathers before 1948 has been successfully challenged in court nbsp Kiribati Articles 19 and 23 of the constitution provides Every person of I Kiribati descent shall become or have and continue to have thereafter the right to become a citizen of Kiribati Every person of I Kiribati descent who does not become a citizen of Kiribati on Independence Day shall at any time thereafter be entitled upon making application in such manner as may be prescribed to be registered as a citizen of Kiribati nbsp Liberia The Liberian constitution allows only Negros regardless of cultural or national affiliation to become citizens though people of other races may live in Liberia as permanent residents 31 nbsp Lithuania The Constitution of Lithuania grants a right to citizenship to foreigners of ethnic Lithuanian origins 32 nbsp Myanmar The Burma Citizenship Law of 1982 states Nationals such as the Kachin Kayah Karen Chin Burman Mon Rakhine or Shan and ethnic groups as have settled in any of the territories included within the State as their permanent home from a period anterior to 1185 B E 1823 A D are Burma citizens 33 nbsp Portugal The Organic Law 2 2006 the Organic Law 9 2015 and the Organic Law 2 2018 state that Portugal has jure sanguinis with a limit of two generations for citizenship via blood with some restrictions It allows for grandchildren of Portuguese citizens to acquire Portuguese citizenship even if their parent did not claim it The Jewish Law of Return allows descendants of Portuguese Jews who were expelled in the Portuguese Inquisition to become citizens if they belong to a Sephardic community of Portuguese origin with ties to Portugal nbsp Rwanda The Rwandan constitution provides that a ll persons originating from Rwanda and their descendants shall upon their request be entitled to Rwandan nationality nbsp Serbia Article 23 of the 2004 citizenship law provides that the descendants of emigrants from Serbia or ethnic Serbs residing abroad may take up citizenship upon written declaration nbsp Spain A Spanish law passed in 2015 allows individuals who can prove descent from the Sephardic Jews who were exiled in 1492 following the Alhambra Decree and who can show a special link to Spain to apply for dual citizenship Spain had previously allowed application for such individuals but had required that they give up their citizenship from their other country The new law has no such requirement 34 nbsp South Korea South Korean nationality law grants special status to ethnic Koreans and their descendants in the Korean diaspora Under the Constitution of South Korea North Korea is part of the Republic of Korea Therefore North Korean citizens are also recognized as South Korean nationals All North Koreans of good conduct are granted citizenship upon arrival to South Korea nbsp Turkey Turkish law allows people of Turkish origin and their spouse and children to apply for naturalization without the five year waiting period applicable to other immigrants Turkey and Greece reciprocally expelled their minorities in the early 1920s after World War I They were mandated by international treaty to accept incoming populations as citizens based on ethnic background See also edit nbsp Law portal nbsp Philosophy portal nbsp Look up jus sanguinis in Wiktionary the free dictionary Blood quantum laws Bumiputra Diaspora politics Indigenous rights Jus soli Nativism politics Opposition to immigration Repatriation laws Right of return Hereditary titleReferences edit International Migration Law No 34 Glossary on Migration International Organization for Migration 120 19 June 2019 ISSN 1813 2278 Kostakopoulou Dora 2008 The Future Governance of Citizenship Cambridge University Press pp 26 27 ISBN 9781139472449 Vink Maarten Peter de Groot Gerard Rene 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 Solodoch Omer Sommer Udi 2020 Explaining the birthright citizenship lottery Longitudinal and cross national evidence for key determinants Regulation amp Governance 14 63 81 doi 10 1111 rego 12197 S2CID 158447458 Safran 2016 p 314 Renan Ernest 1882 What is a Nation PDF UC Paris 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 Acquisition of U S Citizenship by a Child Born Abroad travel state gov Retrieved 2 July 2023 Check if you re a British citizen GOV UK Retrieved 2 July 2023 Ensuring that no child is born stateless PDF UNHCR Retrieved 2 July 2023 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 a href Template Cite web html title Template Cite web cite web a CS1 maint multiple names authors list link 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 a href Template Cite web html title Template Cite web cite web a CS1 maint multiple names authors list link Article 30 Mexican Constitution PDF Orden Juridico 18 November 2021 Archived from the original PDF on 18 November 2021 Retrieved 18 August 2022 Acquisition of U S Citizenship by a Child Born Abroad travel state gov Retrieved 19 March 2018 Vaststelling nationaliteit www gov sr Retrieved 28 May 2021 Nationality Law Article 976 Iran Data Portal Princeton University 2015 Retrieved 6 October 2015 Tokyo court upholds deportation order for Thai teenager born and raised in Japan The Japan Times Online 2016 Retrieved 6 December 2016 Taiwan nationality act Dans quels cas un enfant est il Francais 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 English translation Archived 18 September 2009 at the Wayback Machine of the Polish Constitution Emigrantom z 1968 roku zostana zwrocone obywatelstwa Polish citizenship reinstated to emigrants from 1968 Wprost in Polish 4 March 2008 Retrieved 6 October 2015 Das Einburgerungs Protokoll Diese 92 Fragen musste Funda Yilmaz beantworten az Aargauer Zeitung in Swiss High German Archived from the original on 6 April 2018 Retrieved 6 April 2018 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 Swiss vote for relaxed citizenship laws BBC News 12 February 2017 Archived from the original on 16 June 2018 Retrieved 6 April 2018 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 To Foreigners of Ukrainian Origin mon gov ua Ministry of Education and Science of Ukraine Retrieved 27 March 2021 Constitution of the Republic of Armenia International Constitutional Law Project 5 July 1995 Retrieved 6 October 2015 https www legislationline org download id 5922 file Germany Basic 20Law 2012 en pdf text 1 20No 20German 20may 20be become 20stateless 20as 20a 20result bare URL PDF Aliyah after conversion to Judaism Giyur Legal Advice 03 3724722 Tannenbaum Jessie Valcke Anthony McPherson Andrew 1 May 2009 Analysis of the Aliens and Nationality Law of the Republic of Liberia Rochester NY doi 10 2139 ssrn 1795122 SSRN 1795122 a href Template Cite journal html title Template Cite journal cite journal a Cite journal requires journal help Constitution of Lithuania Article 32 4 International Constitutional Law Project 25 October 1992 Retrieved 6 October 2015 The 1982 Burmese Nationality Law Myanmar Version PDF Myanmar Rohingya People Chu Henry October 2015 Welcome home 500 years later Spain offers citizenship to Sephardic Jews Los Angeles Times Bibliography edit Safran William 2016 Citizenship and Nationality in Democratic Systems Approaches to Defining and Acquiring Membership in the Political Community International Political Science Review 18 3 313 335 doi 10 1177 019251297018003006 ISSN 0192 5121 S2CID 145476893 Retrieved from https en wikipedia org w index php title Jus sanguinis amp oldid 1193725370, wikipedia, wiki, book, books, library,

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