Jus soli ( or , ), meaning 'right of soil', 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 to jus sanguinis ('right of blood') associated with the French Civil Code of 1804.
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 wars of independence movements that widened the definition and granting of citizenship, as a prerequisite to the abolishment of slavery since the 19th century.
There are 35 countries that provide citizenship unconditionally to anyone born within their national borders. Some countries outside the Americas with mixed systems extend jus soli citizenship on a limited basis to children who are not otherwise eligible for any national citizenship, such as children born to women who are unwed or from countries that do not recognize maternal jus sanguinis citizenship. Others impose a residency requirement requiring parents to live in the country for a certain number of years before children born in the country become eligible for conditional jus soli citizenship. These mixed systems were implemented to fulfill treaty obligations after the atrocities of World War II increased awareness about the vulnerability of stateless persons. When the sovereignty over a territory is transferred from one state to another, individuals may be given the right of option of nationality based on jus soli or other rules.
Background Jus soli, sometimes called lex soli, is the principle of citizenship acquired by the place of birth. French jurist Charles Demolombe invented the term around 1860. Children born to a parent in the diplomatic or consular service of another state are often not eligible for jus soli citizenship in a host State.
Unconditional jus soli is mostly found in the Americas. Some countries outside the Americas with mixed systems extend jus soli citizenship on a limited basis to children who are not otherwise eligible for any national citizenship, such as children born to women who are unwed or from countries that do not recognize maternal jus sanguinis citizenship. Others impose a residency requirement requiring parents to live in the country for a certain number of years before children born in the country become eligible for conditional jus soli citizenship. UNHCR gives ten reasons for why people become stateless including laws related to marriage, administrative practices, renunciation of citizenship and nationality laws that discriminate on the basis of gender.
There is a trend in some countries toward restricting jus soli by requiring that at least one of the child's parents be a citizen, national or legal permanent resident of the state in question at time of the child's birth.
Reduction of 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.Ivan Shearer & Brian Opeskin, "Nationality and Statelessness" Foundations of International Migration Law (eds. Brian Opeskin, Richard Perruchoud & Jillyanne Redpath-Cross: Cambridge University Press, 2012), p. 99. These mixed systems were implemented to fulfill treaty obligations after the atrocities of World War II increased awareness about the vulnerability of 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."Chen Lung-chu, |-An Introduction to Contemporary International Law: A Policy-Oriented Perspective (Oxford University Press, 2015), p. 223.
Birthright citizenship
The New Oxford American Dictionary defines birthright citizenship as "a legal right to citizenship for all children born in a country's territory, regardless of parentage"."birthright citizenship." In New Oxford American Dictionary, edited by Stevenson, Angus, and Christine A. Lindberg. : Oxford University Press, 2010. In the United States jus sanguinis is not a constitutional right or a birth right.Comparative Constitutional Law. United Kingdom: Edward Elgar, 2011. Citizenship by jus sanguinis is a legal status conferred by statute. The term birthright citizenship usually means jus soli citizenship.Understanding Statelessness. United Kingdom: Taylor & Francis, 2017. p. 103
Birthright citizenship is rooted in colonial history when settlers born in the colonial United States were considered "natural born" subjects of the King of England. The idea of conferring citizenship based on being born within the borders of the United States comes from this history. Allegiance based on natural law principles was the core concept of citizenship in Calvin's Case in which Edward Coke said that "they that are born under the obedience, power, faith, ligealty or ligeance of the King are natural subjects and no aliens".Irving, Helen. Allegiance, Citizenship and the Law: The Enigma of Belonging. United Kingdom: Edward Elgar Publishing Limited, 2022. The American concept of citizenship is derived from republican principles and may have been influenced by the French writer Emer de Vattel.
Abolition Countries have been restricting the right of jus soli in order to discourage birth tourism, anchor babies and illegal immigration, for example with the British Nationality Act 1981. India has abolished jus soli largely in reaction to illegal immigration from Bangladesh. A person who was born in India from 26 January 1950 until 1 July 1987 is a citizen by birth, regardless of the parents' nationality. It was restricted in 1987 to people with at least one parent who was a citizen. As of 2008, a person born in India is a citizen only if at least one parent is a citizen, and the other parent is a citizen or a legal migrant. New Zealand abolished unrestricted birthright citizenship in 2005. Around 9% of all births in the United States in 2023 were to mothers who were illegal immigrants or who had legal temporary status in the U.S.
By country
Africa ChadCODE DE LA NATIONALITE – ORDONNANCE No. 33/PG.-INT. – DU 14 AOUT 1962 – PORTANT CODE DE LA NATIONALITE TCHADIENNE "de la nationalité d'origine – CHAPITRE II – Art. 12 – Sont Tchadiens: Les enfants nés au Tchad de parents étrangers; toutefois, ils peuvent, si les deux ascendants ont la même nationalité, opter pour cette nationalité; ce droit d'option ne peut s'exercer que si la législation du pays dont les ascendants sont nationaux le permet." (Translation: "Chadian citizens include: Children born in Chad of foreign parents; however, if both parents have the same nationality, they (the children) can opt for the parents' nationality, if the legislation of their parents' country permits it.") (the choice to take Chadian citizenship, or that of the parents is made at 18 years of age)CODE DE LA NATIONALITE – ORDONNANCE No. 33/PG.-INT. – DU 14 AOUT 1962 – PORTANT CODE DE LA NATIONALITE TCHADIENNE "de la nationalité d'origine – CHAPITRE II – Art. 13 – L'option prévue aux articles 11 et 12 s'exerce à l'âge de dix-huit ans révolus. Toutefois, lorsque cette option est motivée par une reconnaissance postérieure à la majorité, l'intéressé doit l'exercer dans le délai d'un an qui suit la reconnaissance." (Translation: "The options presented in articles 11 and 12 deploy themselves at 18 years of age. However, if an individual recognizes their ability to follow these options after majority has been reached, a delay of 1 year must take place from the recognition before the options can be pursued.") : According to the nationality law of the Arab Republic of Egypt and its latest amendments, children born to an Egyptian father or an Egyptian mother acquire citizenship at birth, regardless of their place of birth. Additionally, children born in Egypt to unknown parents (or found abandoned at a young age) are granted citizenship at birth. , chap. IV, sec. 38 | CHAPTER IV CITIZENSHIP: 38. Subject to the provisions of subsections (2) and (3), every person born in Lesotho after the coming into operation of this Constitution shall become a citizen of Lesotho. (2) A person shall not become a citizen of Lesotho by virtue of this section if at the time of his birth neither of his parents is a citizen of Lesotho, and-- one or both of his parents possesses such immunity from suit and legal process as is accorded to the envoy of a foreign sovereign power accredited to Lesotho; or one or both of his parents is an enemy alien and the birth occurs in a place then under occupation by the enemy. (3) A person born in Lesotho on or after the coming into operation of this Constitution who is disqualified to become a citizen of Lesotho by virtue of subsection (2) of this section shall become a citizen of Lesotho if he would otherwise become stateless. : A person who was born in Morocco to parents also born in Morocco and whose immigration is legal, can register as a Moroccan two years prior to becoming an adult. : A person born in Namibia to a Namibian citizen parent or a foreign parent who is ordinarily resident in Namibia, is a Namibian citizen at birth (see Namibian nationality law). : A person born in São Tomé and Príncipe acquires São Toméan nationality, as long as the parents are residents of the country. The only exception is if any of the parents have diplomatic immunity (see São Toméan nationality law). : Since 6 October 1995, a person born in South Africa to South African citizens or permanent residents is automatically granted South African citizenship (see South African nationality law). : A person born before 1994 gains Sudanese nationality at birth if his father was also born in Sudan. If his father was not born in Sudan, they can apply to the Minister to be granted Sudanese nationality. : The Tanzania Citizenship Act of 1995, states that "any child born within the borders of the United Republic of Tanzania, on or after Union Day, 26 April 1964, is granted citizenship of Tanzania, except for children of a father who has diplomatic immunity, or parents who were enemy aliens and the territory was under enemy occupation." While Tanzania technically observes birthright citizenship, it is official practice that birth in Tanzania has to be further supported by descent from a Tanzanian parent to be recognized as a citizen by birth. This practice has gone uncontested in courts of law. : Individuals born in Tunisia are citizens by birth if their father and grandfather were born in Tunisia. Additionally, the person must declare before becoming an adult (20 years) that they want to be a citizen.
Asia : Article 52 of the constitution of Azerbaijan states that a person born on the territory of the Republic of Azerbaijan is a citizen of the Republic of Azerbaijan; although in practice that provision is not enforced, and persons are only granted citizenship by right based on the other provision within the article, which states that a person of whom one parent is a citizen of the Republic of Azerbaijan is a citizen of the Republic of Azerbaijan. : Children born to a foreign father with valid residency permits who himself was born in Bahrain have right to citizenship.