Jus sanguinis

Jus sanguinis (English: /ʌs ˈsæŋɡwɪnɪs/ juss SANG-gwin-iss[1] or /js -/ yooss -⁠,[2] Latin: [juːs ˈsaŋɡwɪnɪs]), meaning 'right of blood', is a principle of nationality law by which nationality is determined or acquired by the nationality of one or both parents.[3][4] 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.[5] 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.[6]

In the 21st century, almost all states apply some combination of jus soli and jus sanguinis in their nationality laws to varying degrees, in contrast to largely pure forms of either as used in the 19th and 20th centuries.[7][8] 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.[9] Children acquiring nationality is overseen by many laws. Parents being married and parents being unmarried, this can complicate the process of citizenship transmission from father to child. However, will promptly recognize the child of an American mother as a citizen.[10] Statelessness can occur, which prevents human beings health care rights, education rights and employment within a country. Offspring of an adult that is experiencing statelessness can inherit this state. However, jus soli prevents this from happening.[11][12]

  1. ^ "jus sanguinis". CollinsDictionary.com. HarperCollins. Retrieved 18 August 2024.
  2. ^ "jus sanguinis". Merriam-Webster.com Dictionary. Merriam-Webster. Retrieved 18 August 2024.
  3. ^ "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.
  4. ^ "Birthright Citizenship". obo. Retrieved 5 May 2024.
  5. ^ Kostakopoulou, Dora (2008). The Future Governance of Citizenship. Cambridge University Press. pp. 26–27. ISBN 9781139472449.
  6. ^ 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.
  7. ^ 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.
  8. ^ Safran (2016), p. 314.
  9. ^ "ius sanguinis - European Commission". home-affairs.ec.europa.eu. Retrieved 4 March 2024.
  10. ^ Collins, Kristin A. "Illegitimate Borders: Jus Sanguinis Citizenship and the Legal Construction of Family, Race, and Nation". www.yalelawjournal.org. Retrieved 5 May 2024.
  11. ^ "Jus soli | Definition, Citizenship, & Facts | Britannica". www.britannica.com. Retrieved 5 May 2024.
  12. ^ McGuire, Kim (September 2022). "Jus Sanguinis, "Effective Nationality" and Exclusion: Analysing Citizenship Deprivation in the UK". Genealogy. 6 (3): 62. doi:10.3390/genealogy6030062. ISSN 2313-5778.