This article needs additional citations for verification. (August 2008) |
Legal status of persons |
---|
Birthright |
Nationality |
Immigration |
Jus sanguinis (English: /dʒʌs ˈsæŋɡwɪnɪs/ juss SANG-gwin-iss[1] or /juːs -/ 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]