jus sanguinis
   HOME

TheInfoList



( , , ; 'right of blood') is a principle of
nationality law Nationality law is the law Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, surrounded and influenced by its environment, ...
by which
citizenship Citizenship is a relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection. Each state determines the conditions under which it will recognize persons as its citizens, and th ...

citizenship
is determined or acquired by the nationality or ethnicity of one or both parents. Children at birth may be citizens of a particular state if either or both of their parents have citizenship of that state. It may also apply to national identities of ethnic, cultural, or other origins. Citizenship can also apply to children whose parents belong to a
diaspora A diaspora () is a scattered population whose origin lies in a separate geographic locale. Historically, the word diaspora was used to refer to the mass dispersion of a population from its indigenous territories, specifically the dispersion ...

diaspora
and were not themselves citizens of the state conferring citizenship. This principle contrasts with ''
jus soli ''Jus soli'' ( , , ; meaning "right of soil"), commonly referred to as birthright citizenship, is the right of anyone born in the territory of a state to nationality or citizenship. ''Jus soli'' was part of the English common law, in contrast ...
'' ('right of soil'), which is solely based on the place of birth. Today, almost all
states State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * The State (newspaper), ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, Un ...
apply some combination of ''jus soli'' and ''jus sanguinis'' in their nationality laws to varying degrees. Historically, the most common application of ''jus sanguinis'' is a right of a child to his / her 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 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

At the end of the 19th century, the French-German debate on nationality saw the French, such as
Ernest Renan Joseph Ernest Renan (; 27 February 18232 October 1892) was a French people, French Oriental studies, Orientalist and Semitic studies, Semitic scholar, expert of Semitic languages and Ancient Semitic-speaking peoples, civilizations, historian of r ...

Ernest Renan
, oppose the German conception, exemplified by
Johann Fichte Johann Gottlieb Fichte (; ; 19 May 1762 – 29 January 1814) was a German philosopher A philosopher is someone who practices philosophy. The term ''philosopher'' comes from the grc, φιλόσοφος, , translit=philosophos, meaning 'lover ...
, who believed in an "objective nationality", based on heredity, blood, race (classification of human beings), race or language. Renan's republicanism, 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

Many nations have a mixture of ''jus sanguinis'' and ''jus soli'', including the United States nationality law, United States, Canadian nationality law, Canada, Israeli nationality law, Israel, Greek nationality law, Greece, the Irish nationality law, Republic of Ireland, and recently German nationality law, Germany. Today French nationality law narrowly applies ''jus sanguinis,'' but it is still the most common means of passing on citizenship in many continental European nations.


Complications due to imposed boundaries

Some modern European states which arose out of the dissolved Austro-Hungarian Empire, Austro-Hungarian or Ottoman Empire, 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. Each is required by international treaty to extend those rights.


Current ''Jus sanguinis'' states


Africa


Americas


Asia


Europe

}), § 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. Since 1990 the law has been steadily tightened to limit the number of immigrants each year. 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. , - , , 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 ''Hungarian nationality law, 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. , - , , Icelandic nationality law , - , , Under Irish nationality law, any person with a parent born on the island of Ireland (including Northern Ireland, which is part of the United Kingdom) is automatically an Irish citizen. Anyone with a grandparent (but not a parent) born on the island of Ireland can become an Irish citizen by registering in the Foreign Births Register at an Irish embassy or consular office, or at the Department of Foreign Affairs (Ireland), Department of Foreign Affairs in Dublin. Such an individual may also pass their entitlement to Irish citizenship on to their children by registering in the Foreign Births Register, provided that they do so before the birth of those children. Thus, the Irish citizenship of future generations born abroad can be preserved as long as the youngest generation registers onto the Foreign Births Register before having any children. The minister may also waive the usual requirements for naturalisation as an Irish citizen for those of "Irish descent or Irish associations", although this power is rarely used. , - , , Italian nationality law , - , , 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." , - , , Dutch nationality law , - , , Norwegian nationality law , - , , 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.Englis
translation
of the Constitution of Poland, Polish Constitution.
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. , - , , Portuguese nationality law , - , , Romanian nationality law , - , , Russian nationality law , - , , 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. , - , , Swedish nationality law , - , , Swiss nationality law#Jus sanguinis, 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 Immigration to Switzerland, 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 Swiss nationality law#Naturalisation, 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 Turkey, Turkish parents, who is a native Swiss German, 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. The decision was overruled by the cantonal government several months later. In 2017, Swiss voters in a Swiss referendums, 2017, 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. , - , , 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 ":uk:Закордонний_українець, 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. , - , , 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 nationality law, 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

Many countries provide citizenship on preferential terms to individuals with ethnic ties to these countries (so-called ''List of Latin phrases (full), leges sanguinis'').


See also

*Blood quantum laws *Bumiputra *Diaspora politics *Indigenous rights *''Jus solis'' *Nativism (politics), Nativism *Repatriation laws *Right of return *Opposition to immigration *Hereditary title


References


Bibliography

* {{Nationality laws Human migration Latin legal terminology Nationality law, * Citizenship Birthplaces Anti-immigration politics