Jus soli ( lat. Jus soli , jus sol, literally “land right ”) - the principle of acquiring citizenship , according to which citizenship is determined by place of birth and is not related to citizenship of parents [1] .
Content
Practical Importance
Children born to all persons living in, for example, the USA, including children born to foreign citizens living in the USA, automatically receive American citizenship, except for children of foreign diplomatic and consular workers, as well as in the case of occupation of the United States by forces of a hostile foreign state, to those children who carries out the occupation. [2] [3]
Collisions
The birth of a child from parents who are citizens of the state applying the “ right of blood ” on the territory of the state where the “right of soil” applies can lead to dual citizenship of such a child [4] , while the birth of a child from parents who are citizens of the state that applies “Soil right”, in the territory of the state applying “blood right”, can make such a child a stateless person .
Distribution
Distributed in states in North and Latin America, such as (according to Nations Granting Birthright Citizenship [5] [6] ):
- Antigua and Barbuda ;
- Argentina
- Barbados
- Belize
- Bolivia
- Brazil
- Venezuela
- Guyana
- Guatemala
- Honduras ;
- Grenada
- Dominica
- Dominican Republic (with restrictions);
- Canada
- Costa Rica
- Lesotho [7] ;
- Mexico
- Nicaragua ;
- Pakistan
- Panama
- Paraguay
- Peru
- Salvador
- Saint Vincent and the Grenadines ;
- St. Christopher and Nevis ;
- Saint Lucia ;
- U.S.
- Trinidad and Tobago ;
- Uruguay
- Fiji [8] ;
- Chile [9] - except for the children of persons traveling through (extranjeros transeúntes), and employees of official representations of foreign states;
- Ecuador
- Jamaica
Separate opinions
Jus soli is a legal term that enshrines the right to obtain citizenship of a state practicing us salt to persons born in the territory of that state , regardless of the citizenship of the parents. Jus soli was part of English common law , in contrast to jus sanguinis , which derives from Roman law , which influenced the civil law systems of continental Europe [10] [11] . Historically, salt has been spread in states with significant processes of mixing ( cross-breeding ) of various groups of the population that inhabited a particular territory and immigrant countries ( USA (President Trump called for the abolition of the practice of granting citizenship to children of foreigners [12] ), Canada , etc. ), where this right is often enshrined in the constitution . In contrast to jus salt, there is also jus sanguinis ( jus sanguinis ), literally “blood right”, which has spread in Germany and then other mono-ethnic countries of Europe.
Notes
- ↑ TSB, Citizenship article
- ↑ United States v. Kimak ,
- ↑ Harrington, Ben. The Citizenship Clause and "Birthright Citizenship": A Brief Legal Overview . - Washington, DC: Congressional Research Service, 2018.
- ↑ TSB, Bipatrid article
- ↑ Nations Granting Birthright Citizenship . NumbersUSA. Date of treatment March 25, 2013.
- ↑ (Archived copy)
- ↑ Lesotho Constitution , chapter IV, section 38
- ↑ Fiji Constitution , Chapter 3, Section 10
- ↑ According to the Chilean constitution, chapter II, art. 10, par. 1 ( Spanish text ; English version without recent changes)
- ↑ Ayelet Shachar, The Birthright Lottery: Citizenship and Global Inequality (Harvard University Press, 2009), p. 120. .
- ↑ Rey Koslowski, Migrants and Citizens: Demographic Change in the European State System (Cornell University Press, 2000), p. 77. .
- ↑ Trump decided to abolish US citizenship for foreign born children