Jus sanguinis

(dʒʌs_ˈsæŋɡwɪnɪs , juːs_- , juːs ˈsaŋɡwɪnɪs; 'right of blood') is a principle of nationality law by which 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 and were not themselves citizens of the state conferring citizenship. This principle contrasts with jus soli ('right of soil'), which is solely based on the place of birth. Today, almost all states 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 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. At the end of the 19th century, the French-German debate on nationality saw the French, such as Ernest Renan, oppose the German conception, exemplified by Johann Fichte, who believed in an "objective nationality", based on blood, race or language. 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. 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.

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Related concepts (16)

Multiple citizenship

Multiple/dual citizenship (or multiple/dual nationality) is a person's legal status in which the person is at the one time recognized by more than one country under its nationality and citizenship law as a national or citizen of that country. There is no international convention which determines the nationality or citizenship status of a person, which is consequently determined exclusively under national laws, that often conflict with each other, thus allowing for multiple citizenship situations to arise.

Jus soli

Jus soli (dʒʌs_ˈsoʊlaɪ , juːs_ˈsoʊli ), commonly referred to as birthright citizenship, is the right to acquire nationality or citizenship by being born within the territory of a state. Jus soli was part of the English common law, in contrast to jus sanguinis, which derives from the Roman law that influenced the civil-law systems of mainland Europe.

Nationality

Nationality is the status of belonging to a particular nation, defined as a group of people organized in one country, under one legal jurisdiction, or as a group of people who are united by a common culture, history, traditions, and awareness of a common origin. In the international law, nationality is a legal identification establishing the person as a subject, a national, of a sovereign state. It affords the state jurisdiction over the person and affords the person the protection of the state against other states.