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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. 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 Latin American independence movements that widened the definition and granting of citizenship, as a prerequisite to the abolishment of slavery since the 19th century. Outside the Americas, however, jus soli is rare. Since the Twenty-seventh Amendment of the Constitution of Ireland was enacted in 2004, no European country grants citizenship based on unconditional or near-unconditional jus soli. Almost all states in Europe, Asia, Africa and Oceania grant citizenship at birth based upon the principle of jus sanguinis ("right of blood"), in which citizenship is inherited through parents rather than birthplace, or a restricted version of jus soli in which citizenship by birthplace is automatic only for the children of certain immigrants. Jus soli in many cases helps prevent statelessness. 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. 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." 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.

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Statelessness

In international law, a stateless person is someone who is "not considered as a national by any state under the operation of its law". Some stateless people are also refugees. However, not all refugees are stateless, and many people who are stateless have never crossed an international border. On November 12, 2018, the United Nations High Commissioner for Refugees stated there are about 12 million stateless people in the world. The status of a person who might be stateless ultimately depends on the viewpoint of the state with respect to the individual or a group of people.

Jus soli

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.

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