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Jus soli

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(Redirected from Lex soli)

Legal status of persons
Birthright
Nationality
Immigration
Countries by jus soli
  Jus soli without restrictions
  Jus soli with restrictions
  Jus soli abolished
  No jus soli

Jus soli (English: /dʒʌs ˈsoʊlaɪ/ juss SOH-ly[1] or /juːs ˈsoʊli/ yooss SOH-lee,[2] Latin: [juːs ˈsɔliː]), meaning 'right of soil', is the right of anyone born in the territory of a state to nationality or citizenship, also commonly referred to as birthright citizenship in some Anglophone countries, is a rule defining a person's nationality based on their birth in the territory of the country.[3][4][5] Jus soli was part of the English common law, in contrast to jus sanguinis ('right of blood'), which derives from the Roman law that influenced the civil-law systems of mainland Europe.[6][7]

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 wars of independence movements that widened the definition and granting of citizenship, as a prerequisite to the abolishment of slavery since the 19th century.[8] Outside the Americas, jus soli is rare.[9][10] Since the Twenty-seventh Amendment of the Constitution of Ireland was enacted in 2004, no European country grants nationality based on unconditional or near-unconditional jus soli.[11][12]

Almost all states in Europe, Asia, Africa and Oceania grant nationality at birth based upon the principle of jus sanguinis ("right of blood"), in which nationality is inherited through parents rather than birthplace, or a restricted version of jus soli in which nationality by birthplace is automatic only for the children of certain immigrants.

Jus soli in many cases helps prevent statelessness.[13] 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.[14][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."[13]

National laws

[edit]

Lex soli is a law used in practice to regulate who can assert the right of jus soli and under what circumstances they can do so. 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.[15][16]

Unrestricted jus soli

[edit]

Africa

[edit]
  • Chad Chad[17][18] (the choice to take Chadian citizenship, or that of the parents is made at 18 years of age)[19]
  •  Lesotho[20]
  •  Tanzania:[18] Per the Tanzania Citizenship Act of 1995, "any child born within the borders of the United Republic of Tanzania, on or after Union Day, 26 April 1964, is granted citizenship of Tanzania, except for children of foreign diplomats."[21] While Tanzania technically observes birthright citizenship, it is official practice that birth in Tanzania has to be further supported by descent from a Tanzanian parent to be recognized as a citizen by birth. This practice has gone uncontested in courts of law. Also, dual citizenship is not allowed after turning 18 years old. At 18 years old, Tanzanian citizenship will cease unless other citizenships are renounced.[22]

North America

[edit]
  •  Antigua and Barbuda: Guaranteed by the Constitution.[23][24]
  • Barbados Barbados: Guaranteed by the Constitution.[23][25]
  •  Belize[23][26]
  •  Canada: Subsection 3(2) of the Citizenship Act states that Canadian citizenship by birth in Canada – including Canadian airspace and territorial waters – is granted to a child born in Canada even if neither parent was a Canadian citizen or permanent resident except if either parent was a diplomat, in service to a diplomat, or employed by an international agency of equal status to a diplomat. However, if neither parent was a diplomat, the nationality or immigration status of the parents do not matter.[27] Some Conservative Party members wish to end birthright citizenship in Canada to the children of tourists and unauthorized immigrants.[28]
  •  Costa Rica: Jus soli requires registration with the Costa Rican government before the age of 25.[29]
  • Cuba Cuba[30] On July 7, 2005, the Law Library indicated that individuals born outside Cuba to one Cuban citizen parent must have been physically present in Cuba for at least three months to be eligible to apply for citizenship.[31]
  •  Dominica[23][32]
  •  El Salvador[23]
  •  Grenada[23]
  •  Guatemala[23]
  •  Honduras[23]
  •  Jamaica[23][33]
  • Mexico Mexico: Article 30 of the Constitution of Mexico states that persons born in Mexican territory are natural-born citizens of Mexico regardless of their parents' nationality. The definition of "territory" includes vessels/aircraft flagged to Mexico travelling in international waters or airspace.[23][34]
  •  Nicaragua[23]
  •  Panama[23][35]
  •  Saint Kitts and Nevis[23]
  •  Saint Lucia[23]
  •  Saint Vincent and the Grenadines[23]
  •  Trinidad and Tobago[23][36]
  • United States United States: The Citizenship Clause of the 14th Amendment to the United States Constitution, ratified in 1868, provides: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."[37] The concept of birthright citizenship applying to the child born of a foreign national in the country without proper credentials has never been formally litigated, but the U.S. Supreme Court's decision in United States v. Wong Kim Ark (1898) allowed the government to deny citizenship to U.S.-born children only in the cases of children born to foreign diplomats and children born to enemy forces engaged in hostile occupation of the country's territory, and, thus, this decision is most often interpreted as barring the government from denying citizenship to those born in the U.S. based on the alienage of their parents.[38][39] (See United States nationality law.)
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 U.S. to give birth on U.S. soil to ensure their children become U.S. citizens, a practice commonly known as "birth tourism".[40] Some citizens 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. However, this may be difficult to accomplish, as the general consensus among American lawyers and legal scholars, regardless of personal ideology, is that the 14th Amendment grants jus soli citizenship to any child born in the United States.[41]
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).[42] 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.[43][44]

South America

[edit]

Oceania

[edit]

Asia

[edit]
  • Pakistan Pakistan: The main law on nationality, the Pakistan Citizenship Act, was passed by the Constituent Assembly of Pakistan on 13 April 1951. Pakistan is the only country in Asia with unconditional jus soli citizenship rights.[53]


Restricted jus soli

[edit]

There is a trend in some countries toward restricting jus 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.[54] Modification of jus soli has been criticized as contributing to economic inequality, the perpetuation of unfree labour from a helot underclass[54] and statelessness. Jus soli has been restricted in the following countries:

Africa

[edit]
  •  Egypt: According to Article 4 of the Nationality Law of the Arab Republic of Egypt, children born in Egypt gain citizenship at birth if their father or mother was an Egyptian citizen.[55]
  •  Morocco: A person who was born in Morocco to parents also born in Morocco and whose immigration is legal, can register as a Moroccan two years prior to becoming adult.[56]
  •  Namibia: A person born in Namibia to a Namibian citizen parent or a foreign parent who is ordinarily resident in Namibia, is a Namibian citizen at birth (see Namibian nationality law).[57]
  •  São Tomé and Príncipe: A person born in São Tomé and Príncipe acquires São Toméan nationality, as long as the parents are residents of the country. The only exception is if any of the parents have diplomatic immunity (see São Toméan nationality law).
  •  South Africa:[54] Since 6 October 1995, a person born in South Africa to South African citizens or permanent residents is automatically granted South African citizenship (see South African nationality law).
  •  Sudan: A person born before 1994 gains Sudanese nationality at birth if his father was also born in Sudan. If his father was not born in Sudan, they can apply to the Minister to be granted Sudanese nationality.[58][59]
  •  Tunisia: Individuals born in Tunisia are citizens by birth if their father and grandfather were born in Tunisia. Additionally, the person must declare before becoming an adult (20 years) that they want to be a citizen.[60]

North America

[edit]
  •  Dominican Republic: The constitution was amended on 26 January 2010. The amendment broadened the definition of the 2004 migration law – which excluded from citizenship children born to individuals that were "in transit" – to include "non-residents" (including individuals with expired residency visas and undocumented workers).[61][62][63][64][65][66]

South America

[edit]
  •  Colombia: Article 96 of the constitution grants Colombian nationality by birth provided that at least one of the parents is a Colombian national or a legal resident.[67] By presidential decree, in August 2019 nationality was granted to children of Venezuelan migrants born in Colombia regardless of residential status of their parents.[68]

Asia

[edit]
  •  Bahrain: Children born to a foreign father with valid residency permits who himself was born in Bahrain have right to citizenship.[69]
  •  Cambodia: In 1996, Cambodia changed the law to grant citizenship to children born to foreign parents only if they are living legally in the Kingdom of Cambodia (under Article 4(2)(a) of the 1996 Nationality Law).[70]
  • Hong Kong Hong Kong: Since the July 1997 transfer of sovereignty over Hong Kong, most political rights and eligibility for most benefits are conferred to permanent residents regardless of citizenship. Conversely, PRC citizens who are not permanent residents (such as residents of Mainland China and Macao) are not conferred these rights and privileges. The Basic Law provides that all citizens of the People's Republic of China (PRC) born in the territory are permanent residents of the territory and have the right of abode in Hong Kong. The 2001 case Director of Immigration v. Chong Fung Yuen clarified that the parents need not have right of abode[71] and as a consequence many women from Mainland China began coming to Hong Kong to give birth. By 2008, the number of babies in the territory born to Mainland China mothers had grown to twenty-five times the number five years prior.[72][73] Furthermore, persons of Chinese ethnicity (wholly or partly) with PRC nationality born in Hong Kong are PRC nationals with Hong Kong permanent residence, even if their parents are non-PRC citizens (e.g. overseas-born Chinese).[citation needed] Non-PRC citizens born to non-PRC citizen Hong Kong permanent resident parents in Hong Kong also receive permanent residence of Hong Kong at birth. Other persons must have "ordinarily resided" in Hong Kong for seven continuous years in order to gain permanent residence (Articles 24(2) and 24(5)).[74]
  •  Indonesia: Children birth in Indonesia. It can also be granted to a permanent resident who has lived in Indonesia for a given period of time through naturalization, as long as the parents are stateless, or unknown.[75]
  •  Iran: Article 976(4) of the Civil Code of Iran grants citizenship at birth to persons born in Iran of foreign parents if one or both of the parents were themselves born in Iran. Article 976(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. New legislation passed by the Iranian Parliament in 2012 grants permanent residency to children born to Iranian mothers and foreign fathers. See Iranian nationality law.[76]
  •  Israel: Children born in Israel who have never acquired another citizenship are eligible to apply for Israeli citizenship between their 18th and 21st birthday if they have lived in Israel for over 5 years (see Israeli citizenship law).[77]
  •  Japan: Children born in Japan to stateless or unknown parents are Japanese nationals at birth.[78]
  • Macau Macau: Similar to Hong Kong, most political rights and eligibility for most benefits are conferred to permanent residents regardless of citizenship since the December 1999 transfer of sovereignty over Macau, according to the Basic Law of Macau. Becoming a Macau permanent resident has slightly different requirements depending on an individual's nationality. Acquisition by birth operates on a modified jus soli basis; individuals born in Macau to Chinese nationals or to Portuguese citizens domiciled there are automatically permanent residents, while those born to other foreign nationals must have at least one parent who possesses right of abode (see Right of abode in Macau).[79]
  •  Malaysia: A person born in Malaysia on or after 16 September 1963 with at least one parent being a Malaysian citizen or permanent resident is automatically a Malaysian citizen (see Malaysian nationality law).[80][81]
  • Mongolia Mongolia: A person born in Mongolia to foreign parents with valid residency permits can apply for Mongolian nationality when they turn the age of 16. A child in Mongolian territory with unidentified parents can receive Mongolian citizenship (see Mongolian nationality law).[82]
  • Pakistan Pakistan: Pakistan generally applies jus soli; the primary law governing nationality regulations is the Pakistan Citizenship Act, 1951. Individuals born in the country are automatically citizens at birth, however there are some exceptions to refugees.[83]
  •  Taiwan: Any child born to parents with Taiwanese citizenship, even those living abroad, can acquire Taiwanese nationality at birth. Children born in Taiwan to stateless parents or have unknown parentage are considered Taiwanese nationals at birth (see Taiwanese nationality law).[84]
  •  Thailand: Thailand operated a system of pure jus soli prior to 1972. Due to illegal immigration from Burma, the Nationality Act was amended to require that both parents be legally resident and domiciled in Thailand for at least five years for their child to be granted Thai citizenship at birth.[85][86] Furthermore, someone who has Thai citizenship by sole virtue of jus soli may be stripped of Thai citizenship under various conditions (such as living abroad), which does not apply to people who have Thai citizenship by virtue of jus sanguinis.[87]

Europe

[edit]
  •  France: Children born in France (including overseas territories) to at least one parent who is either (i) a French national or (ii) born in France, are automatically granted French nationality at birth. Children born in France to foreign parents who do not fulfil either of these two conditions may acquire citizenship from age 13 subject to residence conditions (see French nationality law). A child born in France to foreign parents becomes a French citizen automatically upon turning 18, provided that they reside in France on their 18th birthday and have had their primary residence in France for a total (but not necessarily continuous) period of at least 5 years since the age of 11. Children born in France to two stateless parents receive French nationality automatically at birth.[88]
  •  Germany: prior to 2000 Germany's nationality law was based entirely on jus sanguinis, but now children born in Germany on or after 1 January 2000 to non-German parents acquire German citizenship at birth if at least one parent has a permanent residence permit (and had this status for at least three years) and resided in Germany for at least eight years prior to the child's birth. However, jus soli citizens will lose their German citizenship upon turning 23 unless they: (i) reside in Germany for at least 8 years during their first 21 years of life; or (ii) attend school in Germany for at least 6 years; or (iii) graduate from high school/college in Germany; or (iv) complete professional/vocational training in Germany.[citation needed]
  • Greece Greece: Apart from regulations in past and historic nationality laws of Greece granting nationality jus soli,[89] Greek Nationality Code of 2004 states that "A person born in Greek territory acquires by birth the Greek nationality if not acquiring alien nationality or is of unknown nationality".[90] Additionally, as from 2015's amendment of 2004 Cod (Law 4332 of 2015, G.G. A/76/9 July 2015), a child born in Greece by foreign parents, shall acquire the right of Greek nationality with a combination of preliminary school attendance and parents' legal residence in Greece (5 years, 10 if the child is born prior to 5 years of legal residence).[91] One year after the implementation of the law (as from July 2016), 6,029 children had been granted Greek nationality, out of 27,720 submitted applications.[92]
  •  Ireland: On 1 January 2005, the law was amended to require that at least one of the parents be an Irish citizen; a British citizen; a resident with a permanent right to reside in Ireland or in Northern Ireland; or a legal resident residing three of the last four years in the country (excluding students and asylum seekers) (see Irish nationality law).[54] The amendment was prompted by the case of Man Chen, a Chinese woman living in mainland United Kingdom who traveled to Belfast (Northern Ireland, part of the UK) to give birth in order to benefit from the previous rule whereby anyone born on any part of the island of Ireland was automatically granted Irish citizenship. The Chinese parents used their daughter's Irish (and thereby European Union) citizenship to obtain permanent residence in the UK as parents of a dependent EU citizen. Ireland was the last country in Europe to abolish unrestricted jus soli. (see Irish nationality law).[93]
  •  Italy: The law that regulates this right is n. 91 of 5 February 1992. Article 4 paragraph 2 grants this possibility to a person born in Italy, who has legally resided there without interruption until reaching the age of 18, and becomes a citizen if they declare that they wish to acquire Italian citizenship within one year from the aforementioned date. They can make use of this right by submitting a simple declaration of will to the Civil Status Office of their municipality of residence. It is important to know that the Municipality of belonging is required, according to article 33 of Law 98/2013, to inform foreign citizens, during the 6 months preceding the age of 18, of the possibility of applying for Italian citizenship by the age of 19. In the absence of such communication, the request can be made even after the age of 19. In the event that, despite having been born in Italy, one has not had continuous residence from birth, but has resided in Italy for at least three years, at the age of 18, the application can be presented at the Prefecture with all the necessary documentation. Furthermore, in application of art. 1 of the same law and which aims to prevent statelessness, in Italy the jus soli is applied in other cases: – by birth in Italy of unknown or stateless parents; – by birth on Italian territory of foreign parents unable to transmit their citizenship to the subject according to the law of the country of origin; – the child of unknown persons found in the territory of the Republic is considered a citizen by birth, if the possession of another citizenship is not proven.
  •  Luxembourg: A person born in Luxembourg is automatically a Luxembourg citizen if at least one of their parents was also born in Luxembourg.[94] Additionally, a person born in Luxembourg to foreign, non-Luxembourg-born parents can become a Luxembourg citizen from the age of 12 if they have resided uninterrupted in Luxembourg for at least 5 years immediately prior to submitting the application, and if at least one of their parents lived in Luxembourg uninterrupted for at least 12 months immediately preceding their birth.[95] Furthermore, a person born in Luxembourg to foreign, non-Luxembourg-born parents gains Luxembourg citizenship automatically upon reaching the age of 18, provided that they have lived uninterrupted in Luxembourg for the preceding 5 years and at least one of their parents lived uninterrupted in Luxembourg for at least 12 months immediately preceding their birth.[94]
  •  Malta: A person born in Malta on or after 1 August 1989 is automatically a Maltese citizen if at least one of their parents is Maltese or was born in Malta. Anyone born in Malta before 1 August 1989, regardless of their parents' circumstances, is automatically a Maltese citizen, as the country conferred unconditional jus soli until this date (see Maltese nationality law).
  •  Portugal: A child born in Portuguese territory to parents who do not possess another nationality is a Portuguese citizen. Also, a person born to foreign parents who were not serving their respective states at the time of birth is a Portuguese citizen if the person declares that they want to be Portuguese and provided that one of the parents has resided in Portugal for at least one year at the time of birth.[96]
  •  Spain: A child born in Spain to foreign parents may acquire Spanish citizenship jus soli under certain conditions, for example, if either one of the parents was also born in Spain or if neither of the parents can transmit their nationality to the child (such as stateless parents).
  •  Ukraine: A child born on the territory of Ukraine may acquire Ukrainian citizenship jus soli, if they do not acquire foreign nationality by jus sanguinis from parents, or if their parents have been granted refugee or asylum status in Ukraine, or if the child is stateless or of unknown nationality (see Ukrainian citizenship law, articles 6 and 7).
  •  United Kingdom: Since 1 January 1983, at least one parent must be a British citizen or be legally "settled" in the country for a child born in the UK to automatically be a British citizen. If neither parent is British or settled, then a child born in the UK can apply for British citizenship if they have spent the first ten years of their life in the UK (see British nationality law).[97]
  •  Netherlands: After 31 December 1984, the following conditions apply: "The child's mother has Dutch nationality at the time of birth, or the child's parents both have Dutch nationality at the time of birth, or the father of the child has Dutch nationality at the time of birth and is married/registered partner to the non-Dutch mother or acknowledged the child, or the child and the child's mother have their principal residence in the Kingdom of the Netherlands at the time of birth. One of the mother's parents also had her main residence in the Kingdom on the day the mother was born, or the child and the child's father have their principal residence in the Kingdom of the Netherlands at the time of birth. One of the father's parents also had his main residence in The Kingdom on the day the father was born."[98][99]

Oceania

[edit]
  •  Australia:[54] Since 20 August 1986, a person born in Australia acquires Australian citizenship by birth only if at least one parent was an Australian citizen or permanent resident; or else after living the first ten years of their life in Australia, regardless of their parents' citizenship status (see Australian nationality law).
  •  New Zealand:[54] Since 1 January 2006, a person born in New Zealand acquires New Zealand citizenship by birth only if at least one parent was a New Zealand citizen or permanent resident (includes Australian citizens and Permanent Residents) (see New Zealand nationality law), or if to prevent being stateless.[100]
  •  United States ( American Samoa): As mentioned above, people born in American Samoa do not acquire U.S. citizenship at birth, unless one of their parents is a U.S. citizen.[42]

Abolition

[edit]
  • India India: A person who was born in India from 26 January 1950 until 1 July 1987 is a citizen by birth, regardless of the parents' nationality. It was restricted in 1987 to people with at least one parent who was a citizen. As of today, a person born in India is a citizen only if at least one parent is a citizen, and the other parent is a citizen or a legal migrant. These measures were brought in largely in reaction to illegal migration from Bangladesh.[101]

See also

[edit]

Explanatory notes

[edit]
  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.[13]

References

[edit]
  1. ^ "jus soli". CollinsDictionary.com. HarperCollins. Retrieved 18 August 2024.
  2. ^ "jus soli". 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.
  4. ^ Vincent, Andrew (2002). Nationalism and Particularity. Cambridge / New York: Cambridge University Press.
  5. ^ 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.
  6. ^ Ayelet Shachar, The Birthright Lottery: Citizenship and Global Inequality (Harvard University Press, 2009), p. 120.
  7. ^ Rey Koslowski, Migrants and Citizens: Demographic Change in the European State System (Cornell University Press, 2000), p. 77.
  8. ^ Serhan, Yasmeen; Friedman, Uri (31 October 2018). "America Isn't the 'Only Country' With Birthright Citizenship". The Atlantic. Archived from the original on 26 August 2021. Retrieved 26 August 2021.
  9. ^ Rotunda, Ronald D. (16 September 2010). "Birthright citizenship benefits the country". Chicago Tribune. Archived from the original on 11 March 2012. Retrieved 12 February 2012.
  10. ^ Smith, Morgan (16 August 2010). "Repeal Birthright Citizenship – and Then What?". Texas Tribune. Archived from the original on 14 November 2011. Retrieved 12 February 2012.
  11. ^ Gilbertson, Greta (1 January 2006). "Citizenship in a Globalized World". Migration Policy Institute. Archived from the original on 15 December 2011. Retrieved 12 February 2012.
  12. ^ 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.
  13. ^ a b c Lung-chu Chen, An Introduction to Contemporary International Law: A Policy-Oriented Perspective (Oxford University Press, 2015), p. 223.
  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.
  15. ^ 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)
  16. ^ 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."
  17. ^ CODE DE LA NATIONALITE – ORDONNANCE No. 33/PG.-INT. – DU 14 AOUT 1962 – PORTANT CODE DE LA NATIONALITE TCHADIENNE Archived 13 February 2018 at the Wayback Machine "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.")
  18. ^ 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.
  19. ^ CODE DE LA NATIONALITE – ORDONNANCE No. 33/PG.-INT. – DU 14 AOUT 1962 – PORTANT CODE DE LA NATIONALITE TCHADIENNE Archived 13 February 2018 at the Wayback Machine "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.")
  20. ^ The Constitution of Lesotho Archived 3 March 2016 at the Wayback Machine, chap. IV, sec. 38 | CHAPTER IV CITIZENSHIP: 38. Persons born in Lesotho after the coming into operation of the Constitution
  21. ^ United Nations High Commissioner for Refugees. "Tanzania Citizenship Act, 1995". Refworld. Archived from the original on 14 September 2013. Retrieved 6 September 2013.
  22. ^ 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. Archived (PDF) from the original on 8 October 2021. Retrieved 4 August 2021.
  23. ^ 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.
  24. ^ 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."
  25. ^ Constitution of Barbados: CHAPTER II CITIZENSHIP Persons born in Barbados after 29 November 1966: Section 4 Archived 25 April 2017 at the Wayback Machine: "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."
  26. ^ Constitution of Belize: PART III Citizenship, section 24 Archived 28 December 2016 at the Wayback Machine: "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"
  27. ^ "Immigration Status of Parents". americanlaw.com. Archived from the original on 19 September 2018. Retrieved 2 November 2018.
  28. ^ Dangerfield, Katie (27 August 2018). "Conservatives want to end 'birth tourism' in Canada – but what exactly is the contested issue?". Global News. Archived from the original on 7 November 2018. Retrieved 6 November 2018.
  29. ^ 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..."
  30. ^ "Cuba". multiplecitizenship.com. Archived from the original on 6 November 2020. Retrieved 29 October 2019.
  31. ^ "Updated agency interpretation of Cuban citizenship law for purposes of the Cuban Adjustment Act; rescission of Matter of Vazquez as an Adopted Decision" (PDF). USCIS.gov. U.S. Department of Homeland Security. 11 November 2017.
  32. ^ The Constitution of the Commonwealth of Dominica Chapter VII Citizenship 98 Archived 10 January 2017 at the Wayback Machine: "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."
  33. ^ Constitution of Jamaica Chapter II Citizenship 3B.-(1) Archived 13 February 2017 at the Wayback Machine: "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."
  34. ^ 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 Archived 18 November 2021 at the Wayback Machine 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")
  35. ^ 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: Archived 23 February 2017 at the Wayback Machine "Son Panameños por nacimientos: 1) Los nacidos en el territorio nacional | (translation) Panamanians by Birth: 1) Those born in the national territory"
  36. ^ s:Constitution of the Republic of Trinidad and Tobago/Chapter 2
  37. ^ "United States Constitution". Archives.gov. 4 November 2015. Archived from the original on 14 January 2021. Retrieved 8 February 2019.
  38. ^ United States v. Wong Kim Ark, 169 U.S. 649 (1898)
  39. ^ Harrington, Ben (1 November 2018). The Citizenship Clause and "Birthright Citizenship": A Brief Legal Overview (PDF). Washington, DC: Congressional Research Service. Archived (PDF) from the original on 27 July 2020. Retrieved 11 November 2018.
  40. ^ 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. Archived from the original on 16 April 2021. Retrieved 16 April 2021.
  41. ^ Liptak, Adam (30 October 2018). "Trump's Birthright Citizenship Proposal Is at Odds With Legal Consensus". The New York Times. Archived from the original on 7 February 2023. Retrieved 7 February 2023.
  42. ^ a b American Samoa and the Citizenship Clause: A Study in Insular Cases Revisionism Archived 18 December 2019 at the Wayback Machine. harvardlawreview.org. Retrieved 27 July 2020.
  43. ^ CNN.com. Federal judge rules American Samoans are US citizens by birth Archived 18 December 2019 at the Wayback Machine. Priscilla Alvarez. 12 December 2019. Retrieved 27 July 2020.
  44. ^ KSL.com. Judge puts citizenship ruling for American Samoans on hold Archived 13 August 2021 at the Wayback Machine. Dennis Romboy. 13 December 2019. Retrieved 27 July 2020.
  45. ^ 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. Archived from the original on 5 March 2016. Retrieved 5 December 2015. a) os nascidos na República Federativa do Brasil, ainda que de pais estrangeiros, desde que estes não estejam a serviço de seu paí
  46. ^ "Chile's Constitution of 1980 with Amendments through 2015" (PDF). Comparative Constitutions Project. Archived (PDF) from the original on 19 September 2022. Retrieved 14 June 2022.
  47. ^ Constitution of the Republic of Chile, chap. II, art. 10, par. 1 (Spanish text Archived 6 October 2017 at the Wayback Machine; 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."
  48. ^ 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 Archived 1 January 2018 at the Wayback Machine, 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)"
  49. ^ Constitution of Venezuela (English translation) Chapter II, Nationality and Citizenship, Section One: Nationality, Article 32 Archived 26 February 2017 at the Wayback Machine: "Are Venezuelans* by birth: (1) Any person who was born within the territory of the Republic."
  50. ^ "Fiji Constitution: chapter 3, Section 10 Citizenship by birth". Archived from the original on 29 April 2020. 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.
  51. ^ "30+ countries offering Birthright citizenship or Jus soli | Citizenship by Investment Journal". 31 October 2018. Retrieved 21 February 2024.
  52. ^ "Constitution of Tuvalu Part III Section 45. Citizenship by birth" (PDF). Archived from the original (PDF) on 26 September 2021. (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.
  53. ^ Pakistan Citizenship Act, 1951, II, 1951, [1] Archived 2016-03-04 at the Wayback Machine, access date 2 October 2015
  54. ^ a b c d e f Mancini, JoAnne; Finlay, Graham (September 2008). "'Citizenship Matters': Lessons from the Irish citizenship referendum" (PDF). American Quarterly. 60 (3): 575–599. doi:10.1353/aq.0.0034. S2CID 145757112.
  55. ^ "Archived copy" (PDF). 14 July 2014. Archived from the original (PDF) on 14 July 2014.{{cite web}}: CS1 maint: archived copy as title (link)
  56. ^ "الاستقبال-الأجانب في المغرب-الأجانب المقيمون-اكتساب الجنسية المغربية". Service-public.ma. Archived from the original on 7 October 2016. Retrieved 23 February 2017.
  57. ^ "Namibian Citizenship Act 14 of 1990" (PDF).
  58. ^ "The Sudanese Nationality Act 1994 and Sudanese Nationality Act (Amendment) 2011 (English Translation)" (PDF). E-justice.th. Archived (PDF) from the original on 31 December 2016. Retrieved 23 February 2017.
  59. ^ "خدمات الجنسية". 21 June 2011. Archived from the original on 21 June 2011.
  60. ^ "1 -لمن يمكن إسناد الجنسية التونسية باعتبارها جنسية" (PDF). E-justice.th. Archived from the original (PDF) on 25 October 2016. Retrieved 23 February 2017.
  61. ^ "The Constitution and the Right to Nationality in the Dominican Republic – Human Rights Brief Human Rights Brief". Hrbrief.org. 29 October 2010. Archived from the original on 19 September 2016. Retrieved 23 February 2017.
  62. ^ "A Crisis of Nationality: Dominicans of Haitian Descent" (PDF). Soros.org. October 2013. Archived (PDF) from the original on 27 June 2017. Retrieved 23 February 2017.
  63. ^ Ezequiel Abiu Lopez; Danica Coto (27 September 2013). "Dominican Republic To End Citizenship Of Those Whose Parents Entered Illegally". Huffington Post. Archived from the original on 14 November 2013.
  64. ^ "A storm in Hispaniola". The Economist. 7 December 2013. Archived from the original on 29 August 2017. Retrieved 2 September 2017.
  65. ^ "Inventario extranjeros Registro Civil RD 1929 – 2007 by Junta Central Electoral (JCE)". Issuu.com. 7 November 2013. Archived from the original on 10 August 2016. Retrieved 23 February 2017.
  66. ^ "immigrationplan". Domrep.org. Archived from the original on 16 March 2017. Retrieved 23 February 2017.
  67. ^ "Constitución Política de Colombia". Archived from the original on 10 August 2021. Retrieved 9 August 2021.
  68. ^ "Estado colombiano concede la nacionalidad a niños nacidos en Colombia, hijos de migrantes venezolanos, para proteger sus derechos". 5 August 2019. Archived from the original on 10 August 2021. Retrieved 9 August 2021.
  69. ^ "Part one of Bahraini citizenship" (PDF). Ref world. Archived (PDF) from the original on 24 September 2015. Retrieved 12 March 2015.
  70. ^ Law on Nationality of 20 August 1996 (unofficial translation) published by the United Nations High Commission for Refugees Archived 5 August 2019 at the Wayback Machine CHAPTER II KHMER NATIONALITY/CITIZENSHIP BY BIRTH Promulgated on 9 October 1996, "...shall obtain Khmer nationality/citizenship, by having been born in the Kingdom of Cambodia: a. any child who is born from a foreign mother and father (parents) who were born and living legally in the Kingdom of Cambodia."
  71. ^ Chen, Albert H. Y. (2011). "The Rule of Law under 'One Country, Two Systems': The Case of Hong Kong 1997–2010" (PDF). National Taiwan University Law Review. 6 (1): 269–299. Archived from the original (PDF) on 25 October 2016. Retrieved 4 October 2011.
  72. ^ "Babies Born in Hong Kong to Mainland Women" (PDF). Hong Kong Monthly Digest of Statistics. September 2011. Archived from the original (PDF) on 25 November 2011. Retrieved 4 October 2011.
  73. ^ "內地來港產子數目5年急增25倍 香港擬收緊綜援". People's Daily. 10 March 2008. Archived from the original on 18 January 2012. Retrieved 5 October 2011.
  74. ^ "Basic Law Full Text – chapter (3)". Basiclaw.gov.hk. Archived from the original on 28 September 2008. Retrieved 23 February 2017.
  75. ^ Harijanti, Susi Dwi (February 2017). "Report On Citizenship Law: Indonesia" (PDF). cadmus.eui.eu. Badia Fiesolana: European University Institute. Archived (PDF) from the original on 15 November 2020. Retrieved 11 May 2021.
  76. ^ "Civil Code of Iran (last amended 1985)". United Nations High Commission for Refugees. Archived from the original on 9 October 2012. Retrieved 23 June 2012.
  77. ^ Kassim, Anis F (2000). "The Palestinians: From Hyphenated to Integrated Citizenship". In Butenschøn, Nils A.; Davis, Uri; Hassassian, Manuel S. (eds.). Citizenship and the state in the Middle East: approaches and applications. Syracuse, N.Y.: Syracuse University Press. ISBN 0-8156-2829-3. OCLC 43318360.
  78. ^ "THE NATIONALITY LAW". The Ministry of Justice English Website. Archived from the original on 31 October 2021. Retrieved 31 October 2021.
  79. ^ Lei sobre Residente Permanente e Direito de Residência na Região Administrativa Especial de Macau [Law about Permanent Resident and Right of Abode in the Macao Special Administrative Region] (PDF) (8) (in Portuguese). 1999. Archived (PDF) from the original on 11 April 2019. Retrieved 8 February 2019. Article 1.
  80. ^ "Malaysian Government Portal relating to citizenship". Archived from the original on 28 September 2021. Retrieved 24 November 2020.
  81. ^ "National Registration Department resources on citizenship". Archived from the original on 15 August 2020. Retrieved 24 November 2020.
  82. ^ "ХАРЬЯАТЫН ТУХАЙ" [About Citizenship]. www.legalinfo.mn (in Mongolian). Archived from the original on 6 August 2020. Retrieved 12 December 2020.
  83. ^ Farhat (2019). "Citizenship Laws of Pakistan: A Critical Review". Policy Perspectives. 16 (2): 59–85. doi:10.13169/polipers.16.2.0059. JSTOR 10.13169/polipers.16.2.0059. S2CID 214464417. Archived from the original on 11 July 2021. Retrieved 29 May 2021.
  84. ^ "Taiwan: Nationality laws (2000 – February 2004)". Refworld. Archived from the original on 16 November 2020. Retrieved 9 February 2021.
  85. ^ "Thailand". Republic of the Philippines: Office of the Solicitor General. Archived from the original on 26 January 2014. Retrieved 22 June 2012.
  86. ^ Yang, Bryant (2009). "Life and Death Away from the Golden Land: The Plight of Burmese Migrant Workers in Thailand". Thailand Law Journal. 12 (1). Archived from the original on 2 April 2019. Retrieved 22 June 2012.
  87. ^ "Amendments to the Nationality Act 2008". Government Gazette of Thailand. 125. 27 February 2008. Archived from the original on 11 November 2018. Retrieved 22 June 2012.
  88. ^ "Comment devient-on citoyen français ?". www.vie-publique.fr. Retrieved 23 November 2023.
  89. ^ 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)
  90. ^ "Greek Nationality Code (Law 3284 of 2004)". Et.gr. Archived from the original on 7 October 2016. Retrieved 23 February 2017.
  91. ^ "Article 1 A child of foreigner parents born in Greece acquires the right to Greek nationality under the following preconditions: a) He/she has enrolled in the first grade of elementary school and is still attending Greek school at the time the application-declaration of paragraph 2 is being lodged. b) One of their parents has been living legally and continuously for at least five (5) years in the country before the child was born. In case the child was born before this five year period had been completed, then the necessary period of legal and continuous residence of the parents is extended to ten (10) years." See, Law 4332 of 2015 Archived 23 September 2016 at the Wayback Machine
  92. ^ "Athens Macedonian News Agency: News in English, 16-07-04". Hri.org. 4 July 2016. Archived from the original on 7 October 2016. Retrieved 23 February 2017.
  93. ^ Kunqian Catherine Zhu and Man Lavette Chen v Secretary of State for the Home Department, 19 October 2004, archived from the original on 11 August 2023, retrieved 11 August 2023
  94. ^ a b "Obtaining Luxembourgish nationality by simple operation of law – Citoyens // Luxembourg". guichet.public.lu. Archived from the original on 12 June 2018. Retrieved 11 June 2018.
  95. ^ "Acquiring Luxembourgish nationality by option". Guichet.lu. Archived from the original on 4 February 2020. Retrieved 21 January 2020.
  96. ^ Lei da Nacionalidade – Capítulo I Archived 1 January 2023 at the Wayback Machine Retrieved 11 March 2023
  97. ^ "Registration as British citizen: Children (Accessible)".
  98. ^ Naturalisatiedienst, Immigratie-en. "Nederlander door geboorte, erkenning of adoptie". ind.nl (in Dutch). Retrieved 19 November 2023.
  99. ^ Naturalisatiedienst, Immigratie-en. "Dutch citizen by birth, acknowledgment or adoption". ind.nl (in Dutch). Retrieved 19 November 2023.
  100. ^ "1000 kids face deportation or being orphaned for breaching New Zealand visa rules". Visabureau.com. 7 October 2011. Archived from the original on 4 March 2016. Retrieved 23 February 2017.
  101. ^ Sadiq, Kamal (2008). Paper Citizens: How Illegal Immigrants Acquire Citizenship in Developing Countries. Oxford University Press. p. 10. ISBN 978-0-19-537122-2.
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