Warm Southern Breeze

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Posts Tagged ‘jus sanguinis’

Consistently Reaffirmed

Posted by Warm Southern Breeze on Saturday, August 15, 2020

Here’s another argument for the jus soli case for citizenship, versus the jus sanguinis.

Just in the case you may not be aware of the two terms’ meaning, they are Latin literally interpreted as “law of soil,” and “law of blood,” more commonly referred to as “by soil,” and “by blood,” respectively, and refers to the principle of citizenship being obtained from the location of one’s birth, and of citizenship obtained through ancestry of one’s parents’ citizenship.

Here’s a simple explanation to further clarify:
• Under the principle of jus soli, one who is born in San Francisco, California is a citizen of that city, state, and of the United States.
• Under the principle of jus sanguinis, one who is born in San Francisco to parents of Indian and Jamaican extraction is Indian and Jamaican.

Once again, jus soli refers to “the principle that a person’s nationality at birth is determined by the place of birth,” while jus sanguinis refers to “the principle that a person’s nationality at birth is the same as that of his natural parents.”

Historically, jus sanguinis came from Roman law, whereas jus soli came from English common law.

Before proceeding further, some background is helpful for greater understanding.

Kamala Harris with her Jamaican grandmother Miss Chrishy in Browns Town Jamaica

The jus soli system, sometimes also referred to as the “birthright citizenship” system, is common in developed nations that desire to increase the number of their own citizens (population).

A few nations that use jus soli are:
• Argentina
• Barbados
• Brazil
• Canada
• Colombia
• Jamaica
• Mexico
• Pakistan
• Peru
• United States
• Uruguay

Several European nations follow the principle of jus sanguinis, which generally means that citizenship is conferred by birth, and is obtained from a parent who is already a citizen of, or naturalized in that nation. The principle of jus sanguinis is contrary to jus soli because, according to the principle, the mere fact that a person is born in a nation does not, in and of itself, confer citizenship.

Some European nations that use jus sanguinis are:
• France
• Germany
• Greece
• Ireland
• Luxembourg
• Portugal
• Romania
• Spain
• United Kingdom

Some nations have a blend of the two – soli, and sanguinis – although one is typically predominate.

If a nation adheres to the “jus sanguinis” or right of blood system, the child inherits a parent’s citizenship. So, for example, if your father and mother were each from a different jus sanguinis nation and you were born in a jus soli jurisdiction, you would be able to claim citizenship in three countries.

And, as is often the case, there are exceptions to whatever rule a nation follows because of treaties with other nations, including, for example, the determination of citizenship of children born to foreign diplomats, who are recognized as being citizens of the country that sent their parents there, as is done in the United States.

As well, people born on a foreign flagship or airliner are entitled to claim citizenship in the country under whose flag the vessel was registered.

The 14th Amendment, Section 1 states, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall Read the rest of this entry »

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