Jus soli

Jus soli (Latin for "right of the territory") is a right by which nationality or citizenship can be recognised to any individual born in the territory of the related state. It contrasts with jus sanguinis ("right of blood").

Related Topics:
Latin - Right - Nationality - Citizenship - Jus sanguinis

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

A relatively few number of nations grant jus soli to children born in a nation's territory.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

Usually a practical regulation of the acquisition of nationality or citizenship of a state by birth on the territory of the state is provided by a derivative law called lex soli. Most states provide a specific lex soli, in application of the respective jus soli, and it is the most common means of acquiring nationality.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

A frequent exception to lex soli is imposed when a child was born to a parent in the diplomatic or consular service of another state, on a mission to the state in question.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

However, increasingly countries are restricting lex soli by requiring that at least one of the child's parents be a national of the state in question at the child's birth, or a legal permanent resident of the territory of the state in question at the child's birth, or that the child be a foundling found on the territory of the state in question. The primary reason for imposing this requirement is to limit or prevent people from travelling to a country with the specific intent of gaining citizenship for a child. The 27th amendment to the constitution of the Republic of Ireland was passed by referendum in 2004 for this purpose.

Related Topics:
Foundling - 27th amendment - Constitution - Republic of Ireland - Referendum - 2004

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

Sometimes, a country which extends jus soli will ignore it in the case of the child of a parent who is later deported. For example, there are several cases of deportation from Canada which have been bitterly contested because they involve a mother who has given birth in Canada and whose child is therefore a Canadian citizen. The government must then either separate the mother and her child upon deporting her, or else deport a Canadian citizen to a foreign country.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

Jus soli is common in countries in the Americas, that wanted to develop and increase their own citizenry. Some countries that observe jus soli:

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

• Argentina
• Brazil
• Canada
• Jamaica
• Mexico
• United States
 
Jus soli: See also ►