View source for Philosophy:Jus soli

{{short description|Birthright of anyone born in the territory of a state to nationality or citizenship}}
{{italic title}}
[[File:Jus soli world.svg|{{largethumb}}|Countries by ''jus soli''
{{legend|#0000ff|''jus soli'' for persons born in the country}}
{{legend|#00ccff|''Jus soli'' with restrictions}}
{{legend|#ccffff|''Jus soli'' abolished}}]]
'''''Jus soli''''' ({{IPAc-en|lang|dʒ|ʌ|s|_|ˈ|s|oʊ|l|aɪ}} {{respell|juss|_|SOH|ly}}, {{IPAc-en|j|u|s|_|ˈ|s|oʊ|l|i}} {{respell|yoos|_|SOH|lee}}, {{IPA-la|juːs ˈsɔliː|lang}}; meaning "right of soil"<ref>[http://www.merriam-webster.com/dictionary/jus%20soli jus soli], definition from [http://www.merriam-webster.com/ merriam-webster.com].</ref>), commonly referred to as '''birthright citizenship''' in {{wipe|Canada}} and the {{wipe|United States}}, is the right of anyone born in the territory of a state to nationality or [[Social:Citizenship|citizenship]].<ref>{{cite book |last=Vincent |first=Andrew |title=Nationalism and Particularity |publisher={{wipe|Cambridge University Press}} |year=2002 |location=Cambridge; New York |pages= |url= |isbn= }}</ref><ref>{{cite journal |last=Solodoch, Omer, and Udi Sommer |first= |title= Explaining the birthright citizenship lottery: Longitudinal and cross‐national evidence for key determinants |publisher=Regulation & Governance |year=2020 |location= |pages=63–81 |doi= 10.1111/rego.12197|isbn= }}</ref>

''Jus soli'' was part of the English common law, in contrast to ''[[Philosophy:Jus sanguinis|jus sanguinis]]'', which derives from the Roman law that influenced the civil-law systems of [[Earth:Continental Europe|continental Europe]].<ref>Ayelet Shachar, ''[https://books.google.com/books?id=xXt5SoXtqEsC&pg=PA120 The Birthright Lottery: Citizenship and Global Inequality]'' (Harvard University Press, 2009), p. 120.</ref><ref>Rey Koslowski, ''[https://archive.org/details/migrantscitizens00kosl/page/77 Migrants and Citizens: Demographic Change in the European State System]'' (Cornell University Press, 2000), p. 77.</ref> ''Jus soli'' is the predominant rule in the Americas, but it is rare elsewhere.<ref>{{cite news |url=http://articles.chicagotribune.com/2010-09-16/news/ct-oped-0916-birthright-20100916_1_birthright-citizenship-illegal-aliens-alien-parents |work=Chicago Tribune |title=Birthright citizenship benefits the country |first=Ronald D.|last=Rotunda |date=16 September 2010}}</ref><ref>{{cite news |url=http://www.texastribune.org/immigration-in-texas/immigration/repeal-birthright-citizenship--and-then-what/ |work=Texas Tribune |title=Repeal Birthright Citizenship – and Then What? |first=Morgan |last=Smith |date=16 August 2010}}</ref> 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''.<ref>{{cite web |url=http://www.migrationinformation.org/Feature/display.cfm?ID=369 |publisher=Migration Policy Institute|title=Citizenship in a Globalized World |first=Greta |last=Gilbertson|date=1 January 2006}}</ref><ref>{{cite book |url=http://eudo-citizenship.eu/docs/birthright_comparativepaper.pdf |last1=Vink |first1=M. |first2=G.R. |last2=de Groot |year=2010 |title=Birthright Citizenship: Trends and Regulations in Europe. Comparative Report RSCAS/EUDO-CIT-Comp. 2010/8 |location=Florence |publisher=EUDO Citizenship Observatory |page=35 |access-date=23 August 2012 |archive-url=https://web.archive.org/web/20121126212750/http://eudo-citizenship.eu/docs/birthright_comparativepaper.pdf |archive-date=26 November 2012 |url-status=dead }}</ref>

Almost all states in Europe, Asia, Africa and Oceania grant citizenship at birth based upon the principle of ''[[Philosophy:Jus sanguinis|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.<ref name="Chen223">Lung-chu Chen, ''An Introduction to Contemporary International Law: A Policy-Oriented Perspective'' ([[Organization:Oxford University Press|Oxford University Press]], 2015), p. 223.</ref> Countries that have acceded to the 1961 Convention on the Reduction of Statelessness are obligated to grant nationality to persons born in their territory who would otherwise become stateless persons.<ref>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.</ref>{{efn|Parties to the Convention on the Reduction of Statelessness are also obligated to grant nationality to persons who are born aboard ships flagged in the country or an [[Engineering:Aircraft registration|aircraft registered]] in the country who would otherwise become stateless.<ref name="Chen223"/>}} 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."<ref name="Chen223"/>

== {{anchor|Lex soli}}National laws ==
''Lex soli'' is a law used in practice to regulate who and under what circumstances an individual can assert the right of ''jus 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. However, a frequent exception to ''lex soli'' is imposed when a child is born to a parent in the diplomatic or consular service of another state on a mission to the state in question.<ref>Guimezanes, Nicole. "What Laws for Naturalisation?" ''The [[Organization:OECD|OECD]] Observer''. Paris: June/July 1994., Iss. 188; pg. 24, 3 pgs (Cites legislation for Australia, Austria, Belgium, Canada, Denmark, Finland, France, Ireland, Italy, Japan, Luxembourg, Netherlands, New Zealand, Norway, Portugal, Spain, Sweden, Switzerland, Turkey, United Kingdom and the United States)</ref><ref>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: "a well-established exception in customary international law is that a child born to parents who are foreign diplomats does not automatically acquire the nationality of a host State that applies ''jus soli''."</ref> 

== Unrestricted ''jus soli'' ==
=== Africa ===
* {{flagicon|Chad}} Chad<ref>[http://citizenshiprightsafrica.org/wp-content/uploads/2016/01/Chad_Ordonnance_portant_code_de_la_nationalite_Tchadienne_33-PG.-INT_14-Aug-62.pdf 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. 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.")</ref><ref name="Manby">{{cite book | last=Manby | first=B. | title=Citizenship Law in Africa: A Comparative Study | publisher=Open Society Foundations | year=2012 | isbn=978-1-936133-29-1 | url=https://books.google.com/books?id=xKhONykaQKYC&pg=PA46 | accessdate=13 February 2018 | page=36}}</ref> (the choice to take Chadian citizenship, or that of the parents is made at 18 years of age)<ref>[http://citizenshiprightsafrica.org/wp-content/uploads/2016/01/Chad_Ordonnance_portant_code_de_la_nationalite_Tchadienne_33-PG.-INT_14-Aug-62.pdf 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.")</ref>
* {{flag|Lesotho|name}}<ref>[http://library2.parliament.go.th/giventake/content_cons/lesotho.pdf The Constitution of Lesotho], chap. IV, sec. 38 | '''CHAPTER IV
CITIZENSHIP: 38. Persons born in Lesotho after the coming into operation of the Constitution'''</ref>
* {{flag|Tanzania|name}}:<ref name="Manby"/> Per the Tanzania Citizenship Act of 1995, "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 foreign diplomats."<ref name=Refworld>{{cite web|author=United Nations High Commissioner for Refugees |url=http://www.refworld.org/docid/3ae6b5734.html |title=Tanzania Citizenship Act, 1995 |publisher=Refworld |date= |accessdate=2013-09-06}}</ref>

=== Americas ===

==== Caribbean Islands ====

* {{flag|Antigua and Barbuda|name}}: Guaranteed by the Constitution.<ref name="Culliton-Gonzalez">Katherine Culliton-González, [https://web.archive.org/web/20180506051730/http://harvardhrj.com/wp-content/uploads/2009/09/Culliton-Gonzalez.pdf Born in the Americas: Birthright Citizenship and Human Rights], ''Harvard Human Rights Journal'' (2012), Vol. 25, pp. 135–36.</ref><ref>[http://www.ab.gov.ag/pdf/ab_constitution.pdf Constitution of Antigua and Barbuda: CHAPTER VIII CITIZENSHIP | PERSONS WHO AUTOMATICALLY BECOME CITIZENS AFTER COMMENCEMENT OF THIS CONSTITUTION | Section 113] {{Webarchive|url=https://web.archive.org/web/20150417113303/http://www.ab.gov.ag/pdf/ab_constitution.pdf |date=17 April 2015 }} ''The following persons shall become citizens at the date of their birth on or after 1st November 1981– a. every person born in Antigua and Barbuda: Provided that a person shall not become a citizen by virtue of this paragraph if at the time of his birth- i. neither of his parents is a citizen and either of them possess such immunity from suit and legal process as is accorded to the envoy of a foreign sovereign power accredited to Antigua and Barbuda; or ii. either of his parents is a citizen of a country with which Her Majesty is at war and the birth occurs in a place then under occupation by that country.''</ref> 
* {{flagicon|Barbados}} Barbados: Guaranteed by the Constitution.<ref name=Culliton-Gonzalez/><ref>[http://www.barbados.org/constitution.htm Constitution of Barbados: CHAPTER II CITIZENSHIP Persons born in Barbados after 29 November 1966: Section 4:] ''Every person born in Barbados after 29th November 1966 shall become a citizen of Barbados at the date of his birth: Provided that a person shall not become a citizen of Barbados by virtue of this section if at the time of his birth – a. his father possesses such immunity from suit and legal process as is accorded to an envoy of a foreign sovereign state accredited to Her Majesty in right of Her Government in Barbados and neither of his parents is a citizen of Barbados; or b. his father is an enemy alien and the birth occurs in a place then under occupation by the enemy.''</ref> However, the Barbados Ministry of Labour & Immigration recently proposed ending automatic birthright citizenship.<ref>{{cite web|url=http://www.foreign.gov.bb/Userfiles/File/IMMIGRATION%20POLICIES.pdf |title=It is the Department's view that the legislation should be amended to stipulate that (as in the United Kingdom and the Bahamas) children born in Barbados will not be deemed to be citizens of Barbados, unless at least one parent at the time of the birth, has permanent status in Barbados. In addition persons born in Barbados should not be deemed to be citizens where the parents are residing illegally in Barbados.|website=Foreign.gov.bb|accessdate=23 February 2017}}</ref>
* {{flagicon|Cuba}} Cuba<ref>https://www.multiplecitizenship.com/wscl/ws_CUBA.html</ref>
* {{flag|Dominica|name}}<ref name="Culliton-Gonzalez"/><ref>[http://pdba.georgetown.edu/Constitutions/Dominica/constitution.pdf The Constitution of the Commonwealth of Dominica Chapter VII Citizenship 98] ''"Every person born in Dominica after the commencement of this Constitution shall become a citizen of Dominica at the date of his birth: Provided that a person shall not become a citizen of Dominica by virtue of this section if at the time of his birth- a) neither of his parents is a citizen of Dominica and his father possesses such immunity from suit and legal process as is accorded to the enjoyment of a foreign sovereign power accredited to Dominica; or b) his father is a citizen of a country with which Dominica is at war and the birth occurs in a place then under occupation by that country."''</ref>
* {{flag|Grenada|name}}<ref name="Culliton-Gonzalez"/>
* {{flag|Jamaica|name}}<ref name="Culliton-Gonzalez"/><ref>[http://pdba.georgetown.edu/constitutions/jamaica/jam62.html Constitution of Jamaica Chapter II Citizenship 3B.-(1):] ''Every person born in Jamaica shall become a citizen of Jamaica – a. on the sixth day of August 1962, in the case of a person born before that date; b. on the date of his birth, in the case of a person born on or after the sixth day of August 1962.''</ref>
* {{flag|Saint Kitts and Nevis|name}}<ref name="Culliton-Gonzalez"/>
* {{flag|Saint Lucia|name}}<ref name="Culliton-Gonzalez"/>
* {{flag|Saint Vincent and the Grenadines|name}}<ref name="Culliton-Gonzalez"/>
* {{flag|Trinidad and Tobago|name}}<ref name=Culliton-Gonzalez/><ref>s:Constitution of the Republic of Trinidad and Tobago/Chapter 2</ref>

==== Continental North America ====

* {{flag|Canada|name}}: Subsection 3(2) of the Act states that Canadian citizenship by birth in Canada granted to a child born in Canada even if neither parent was a Canadian citizen or permanent resident except if either parent was a diplomat, in service to a diplomat, or employed by an international agency of equal status to a diplomat. However, if neither parents were diplomats, the nationality or immigration status of the parents do not matter.<ref>{{cite web|url=http://www.americanlaw.com/cdncitborn.html |title=Immigration Status of Parents|website=americanlaw.com}}</ref> Some Conservative Party members wish to end birthright citizenship in Canada to the children of tourists and unauthorized immigrants.<ref>{{cite news|url=https://globalnews.ca/news/4411137/birth-tourism-canada/ |title=Conservatives want to end 'birth tourism' in Canada – but what exactly is the contested issue? |first=Katie |last=Dangerfield |date=27 August 2018 |work=Global News}}</ref>
* {{flagicon|Mexico}} Mexico<ref name="Culliton-Gonzalez"/><ref>[http://www.ordenjuridico.gob.mx/Constitucion/articulos/30.pdf CONSTITUCIÓN POLÍTICA DE LOS ESTADOS UNIDOS MEXICANOS – Constitución publicada en el Diario Oficial de la federación el 5 de febrero de 1917 – TEXTO VIGENTE – Última reforma publicada DOF 07-07-2014] ''Capítulo II De los Mexicanos – Artículo 30. La nacionalidad mexicana se adquiere por nacimiento o por naturalización A) Son mexicanos por nacimiento: I. Los que nazcan en territorio de la República, sea cual fuere la nacionalidad de sus padres.'' (Translation: "Mexicans by birth are: I. Those born in the territory of the Republic, regardless of the nationality of their parents")</ref>
* {{flagicon|USA}} United States: The Citizenship Clause of the 14th Amendment to the United States Constitution, ratified in 1868, provides: "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."<ref>{{cite web|url=https://www.archives.gov/founding-docs/amendments-11-27|title=United States Constitution|website=Archives.gov}}</ref> The concept of birthright citizenship applying to the child born of a foreign national in the country without proper credentials has never been formally litigated, but the U.S. Supreme Court's decision in ''United States v. Wong Kim Ark'' (1898) allowed the government to deny citizenship to U.S.-born children only in the cases of children born to foreign diplomats and children born to enemy forces engaged in hostile occupation of the country's territory, and thus this decision is most often interpreted as barring the government from denying citizenship to a U.S.-born person based on the alienage of his or her parents.<ref>''United States v. Wong Kim Ark'', {{ussc|169|649|1898}}</ref><ref>{{cite book |last1=Harrington |first1=Ben |title=The Citizenship Clause and "Birthright Citizenship": A Brief Legal Overview |date=1 November 2018 |publisher=Congressional Research Service |location=Washington, DC |url=https://fas.org/sgp/crs/misc/LSB10214.pdf}}</ref> (see United States nationality law).

: From 24 January 2020,  the Trump administration adopted a new policy to make it more difficult for foreign nationals to travel to the US to give birth on US soil to ensure their children become US citizens, a practice commonly known as "birth tourism."<ref>[https://edition.cnn.com/2020/01/23/politics/us-new-rules-restricting-travel-fearing-birth-tourism/index.html US issues new rules restricting travel by pregnant foreigners, fearing the use of 'birth tourism']</ref>

==== Central America ====

* {{flag|Belize|name}}<ref name="Culliton-Gonzalez"/><ref>[http://pdba.georgetown.edu/Constitutions/Belize/belize81.html Constitution of Belize: PART III Citizenship, section 24] ''"24. Every person born in Belize on or after Independence Day shall become a citizen of Belize at the date of his birth: Provided that a person shall not become a citizen of Belize by virtue of this section if at the time of his birth- his father or mother is a citizen of a country with which Belize is at war and the birth occurs in a place then under occupation by that country"''</ref>
* {{flag|Costa Rica|name}}: Jus sangui requires registration with the Costa Rican government before the age of twenty-five.<ref>[http://www.costaricalaw.com/legalnet/constitutional_law/engtit2.html The Constitution of Costa Rica: Title II ARTICLE 13:] {{Webarchive|url=https://web.archive.org/web/20120204211549/http://www.costaricalaw.com/legalnet/constitutional_law/engtit2.html |date=4 February 2012 }} ''The following are Costa Ricans by birth: ...2. A child born abroad to a born Costa Rican father or mother, who is registered as such in the Civil Register by the will of the Costa Rican parent during its minority, or by his own will up to the age of twenty-five..."''</ref>
* {{flag|El Salvador|name}}<ref name="Culliton-Gonzalez"/>
* {{flag|Guatemala|name}}<ref name="Culliton-Gonzalez"/>
* {{flag|Honduras|name}}<ref name="Culliton-Gonzalez"/>
* {{flag|Nicaragua|name}}<ref name="Culliton-Gonzalez"/>
* {{flag|Panama|name}}<ref name="Culliton-Gonzalez"/><ref>[http://pdba.georgetown.edu/Constitutions/Panama/panama1972.html CONSTITUCIÓN POLÍTICA DE LA REPÚBLICA DE PANAMÁ DE 1972, REFORMADA POR LOS ACTOS REFORMATORIOS DE 1978, Y POR EL ACTO CONSTITUCIONAL DE 1983 – TITULO II: NACIONALIDAD Y EXTRANJERIA: ARTICULO 8. La nacionalidad panameña se adquiere por el nacimiento, por la naturalización o por disposición constitucional – ARTICULO 9:] ''"Son Panameños por nacimientos: 1) Los nacidos en el territorio nacional | (translation) Panamanians by Birth: 1) Those born in the national territory"''</ref>

==== Continental South America ====

* {{flagicon|Argentina}} Argentina<ref name="Culliton-Gonzalez"/>
* {{flag|Bolivia|name}}<ref name="Culliton-Gonzalez"/>
* {{flagicon|Brazil}} Brazil<ref name="Culliton-Gonzalez"/><ref>Article 12a of the Federal Constitution (translated) says that Brazilians include, "a) those born in the Federative Republic of Brazil, even if of foreign parents, provided they are not in the service of your country". {{cite web|url=http://gabrielbaracho.jusbrasil.com.br/artigos/177762456/neoconstitucionalismo-analise-historica|title=Neoconstitucionalismo – Análise histórica|work=JusBrasil|quote=a) os nascidos na República Federativa do Brasil, ainda que de pais estrangeiros, desde que estes não estejam a serviço de seu paí}}</ref> (requires that the foreign parents are not working for their country's government in Brazil by the time the child is born).
* {{flagicon|Chile}} Chile<ref name="Culliton-Gonzalez"/><ref>Constitution of the Republic of Chile, chap. II, art. 10, par. 1 ([http://pdba.georgetown.edu/Constitutions/Chile/chile05.html Spanish text]; [http://confinder.richmond.edu/admin/docs/Chile.pdf English version] without recent changes) Article 10.- ''Chileans are: 1.- Persons born in the territory of Chile, with the exception of those children of foreigners who are in Chile serving their government, as well as those children of transient foreigners. However, all may opt for the Chilean nationality.''</ref>
* {{flag|Ecuador|name}}<ref name="Culliton-Gonzalez"/>
* {{flag|Guyana|name}}<ref name="Culliton-Gonzalez"/>
* {{flagicon|Paraguay}} Paraguay<ref name="Culliton-Gonzalez"/>
* {{flagicon|Peru}} Peru (registration required at 18 years of age)<ref name="Culliton-Gonzalez"/>
* {{flagicon|Uruguay}} Uruguay<ref name="Culliton-Gonzalez"/><ref>[http://www.refworld.org/docid/5122271f2.html Uruguay: Whether a person who obtained Uruguan citizenship because her father was a citizen of Uruguay, can bring a dependent child to Uruguay; the status of the child in Uruguay], Immigration and Refugee Board of Canada (9 September 2010): "With respect to natural citizens, Uruguay's Constitution states: '[a]ll men and women born at any place within the territory of the Republic are natural citizens. Children of Uruguayan fathers or mothers are also natural citizens, wherever they may have been born, provided that they take up residence in the country and register themselves in the Civil Register.' (Uruguay 1996, Art. 74)"</ref>
* {{flag|Venezuela|name}}<ref name="Culliton-Gonzalez"/><ref>[http://www.venezuelaemb.or.kr/english/ConstitutionoftheBolivarianingles.pdf Constitution of Venezuela (English translation) Chapter II, Nationality and Citizenship, Section One: Nationality, Article 32:] ''Are Venezuelans* by birth: (1) Any person who was born within the territory of the Republic.''</ref>

=== Oceania ===

*{{flag|Fiji|name}}<ref>http://www.servat.unibe.ch/icl/fj00000_.html Fiji Constitution: chapter 3, Section 10 Citizenship by birth:] ''Every child born in Fiji on or after the date of commencement of this Constitution becomes a citizen at the date of birth unless, at the date of birth: (a) a parent of the child has the diplomatic immunity accorded to envoys of foreign sovereign powers accredited to Fiji; and (b) neither parent is a citizen.''</ref>
* {{flag|Tuvalu|name}}<ref>https://multiplecitizenship.com/wscl/ws_TUVALU.html</ref><ref>{{Cite web|url=https://www.indexmundi.com/tuvalu/citizenship.html|title=Tuvalu Citizenship - Government|website=www.indexmundi.com}}</ref>

=== Asia ===
<!--Azerbaijan is included in the "numbers" ref, but is not in fact a jus soli country. Although Article 52 of the Constitution of Azerbaijan provides an untestricted jus soli provision, it has never been implemented and is inoperative. The Azerbaijani nationality law]] is solely based on the principles of jus sanguinis. Please see the offical source of the Azerbaijani nationality law: http://www.e-qanun.az/framework/3187 (Text is in Azerbaijani. Please use a machine translator for an English translation) -->
*{{flagicon|Pakistan}} Pakistan<ref>Faryal Nazir, Section 3.1.1 in [http://cadmus.eui.eu/bitstream/handle/1814/44544/EudoCit_2016_13Pakistan.pdf?sequence=1 Report on Citizenship Law: Pakistan], Robert Schuman Centre for Advanced Studies, European University Institute (December 2016): "Jus soli or citizenship by birth is recognized in the Act (Section 3 and 4). At the time of commencement of the Act, a person born in Pakistan could claim nationality if he was residing in Pakistan. Every person born in Pakistan after the commencement of this Act is deemed to be citizen of Pakistan by birth. The law denies citizenship to a person born in the country, if his father enjoys diplomatic immunity in Pakistan or if his father was an enemy or alien in Pakistan. Therefore, the children born to aliens in Pakistan are not accorded the privilege of citizenship."</ref><ref>[http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?docid=3ae6b4ffa UN Refugee Agency: Pakistan Citizenship Act, 1951 Section 4. Citizenship by birth:] ''Every person born in Pakistan after the commencement of this Act shall be a citizen of Pakistan by birth.''</ref>

== Restricted ''jus soli'' ==
There is a trend in some countries toward restricting ''lex 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.<ref name=cmatters>{{cite journal |title='Citizenship Matters': Lessons from the Irish citizenship referendum |author=Mancini, JoAnne |author2=Finlay, Graham |pages=575–599 |volume=60 |issue=3 |date=September 2008 |doi=10.1353/aq.0.0034 |journal=American Quarterly}}</ref> Modification of ''jus soli'' has been criticized as contributing to economic inequality, the perpetuation of unfree labour from a helot underclass<ref name=cmatters/> and statelessness. ''Jus soli'' has been restricted in the following countries:

=== Africa ===

* {{flag|Egypt|name}}: According to Article 4 of the Nationality Law of the Arab Republic of Egypt, children born in Egypt gain citizenship at birth if their father was also born in Egypt.<ref>{{cite web|title=Wayback Machine|url=http://www.e-lawyerassistance.com/LegislationsPDF/Egypt/nationalitylawar.pdf|date=14 July 2014|publisher=|url-status=dead|archive-url=https://web.archive.org/web/20140714170734/http://www.e-lawyerassistance.com/LegislationsPDF/Egypt/nationalitylawar.pdf|archive-date=14 July 2014}}</ref>
* {{flag|Morocco|name}}: 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 adult.<ref>{{cite web|title=الاستقبال-الأجانب في المغرب-الأجانب المقيمون-اكتساب الجنسية المغربية|url=http://www.service-public.ma/ar/web/guest/home;jsessionid=31E8E3F1814E4188F1BBC1FFD90CDE6B?p_p_id=mmspservicepublicdiffusion_WAR_mmspservicepublicdiffusionportlet&p_p_lifecycle=0&p_p_state=normal&p_p_mode=view&p_p_col_id=column-1&p_p_col_count=1&_mmspservicepublicdiffusion_WAR_mmspservicepublicdiffusionportlet__spage=/portlet_action/procedure/rubrique/view?rubriqueSelected.idRubrique=13591&_mmspservicepublicdiffusion_WAR_mmspservicepublicdiffusionportlet_rubriqueSelected.idRubrique=13591|website=Service-public.ma|accessdate=23 February 2017}}</ref>
* {{flag|Namibia|name}}: 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).
* {{flag|South Africa|name}}:<ref name="cmatters" /> 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).
* {{flag|Sudan|name}}: 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, he can apply to the Minister to be granted Sudanese nationality.<ref>{{cite web|title=The Sudanese Nationality Act 1994 and Sudanese Nationality Act (Amendment) 2011 (English Translation)|url=http://www.refworld.org/pdfid/502cc1b92.pdf|website=E-justice.th|accessdate=23 February 2017}}</ref><ref>{{cite web|title=خدمات الجنسية|url=http://www.civil.gov.sd/pages/nat.php|date=21 June 2011|publisher=|url-status=dead|archive-url=https://web.archive.org/web/20110621074642/http://www.civil.gov.sd/pages/nat.php|archive-date=21 June 2011}}</ref>
* {{flag|Tunisia|name}}: 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 he wants to be a citizen.<ref>{{cite web|title=1 -لمن يمكن إسناد الجنسية التونسية باعتبارها جنسية|url=http://www.e-justice.tn/fileadmin/fichiers_site_arabe/droits_demarches/Proce_nationalite.pdf|website=E-justice.th|accessdate=23 February 2017}}</ref>

=== Americas ===

* {{flag|Dominican Republic|name}}: The constitution was amended on 26 January 2010. The amendment broadened the definition of the 2004 migration law – which excluded from citizenship children born to individuals that were "in transit" – to include "non-residents" (including individuals with expired residency visas and undocumented workers).<ref>{{cite web|title=The Constitution and the Right to Nationality in the Dominican Republic – Human Rights Brief Human Rights Brief|url=http://hrbrief.org/2010/10/the-constitution-and-the-right-to-nationality-in-the-dominican-republic/|author=|date=29 October 2010|website=Hrbrief.org|accessdate=23 February 2017}}</ref><ref>{{cite web|title=A Crisis of Nationality: Dominicans of Haitian Descent|url=http://www.opensocietyfoundations.org/sites/default/files/Dominican-Republic-Nationality-Report-ENG-20110805.pdf|date=October 2013|website=Soros.org|accessdate=23 February 2017}}</ref><ref>{{cite news|author1=Ezequiel Abiu Lopez|author2=Danica Coto|date=27 September 2013|title=Dominican Republic To End Citizenship Of Those Whose Parents Entered Illegally|work=Huffington Post|url=https://www.huffingtonpost.com/2013/09/27/dominican-republic-citize_n_4002844.html|url-status=dead|archive-url=https://web.archive.org/web/20131114231248/http://www.huffingtonpost.com/2013/09/27/dominican-republic-citize_n_4002844.html|archive-date=14 November 2013}}</ref><ref>{{cite news|date=7 December 2013|title=A storm in Hispaniola|work=The Economist|url=https://www.economist.com/news/americas/21591203-and-no-agreement-how-many-have-been-cut-citizenship-storm-Hispaniola}}</ref><ref>{{cite web|title=Inventario extranjeros Registro Civil RD 1929 – 2007 by Junta Central Electoral (JCE)|url=https://issuu.com/publicacionesjce/docs/inventario_extranjeros_registro_civ|date=7 November 2013|website=Issuu.com|accessdate=23 February 2017}}</ref><ref>{{cite web|title=immigrationplan|url=http://www.domrep.org/letter.html|date=|website=Domrep.org|accessdate=23 February 2017}}</ref>

=== Asia ===

* {{flag|Cambodia|name}}: In 1996, Cambodia changed the law to only grant citizenship to children born to foreign parents living legally in the Kingdom of Cambodia (under Article 4(2)(a) of the 1996 Nationality Law).<ref>[https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/86094/96932/F2069641919/KHM86094.pdf Law on Nationality of 20 August 1996 (unofficial translation) published by the United Nations High Commission for Refugees] CHAPTER II KHMER NATIONALITY/CITIZENSHIP BY BIRTH Promulgated on 9 October 1996, "...shall obtain Khmer nationality/citizenship, by having been born in the Kingdom of Cambodia: a. any child who is born from a foreign mother and father (parents) who were born and living legally in the Kingdom of Cambodia."</ref>
* {{flagicon|India}} India: A person that was born in India from 26 January 1950 until 1 July 1987 is a citizen by birth, regardless of the parents' nationality. It began to be restricted in 1987. As of 2020, a person born in India is a citizen if at least one parent is a citizen, and the other parent is a citizen or a legal migrant. These measures were brought in largely in reaction to illegal migration from Bangladesh.<ref>{{cite book|last=Sadiq|first=Kamal|title=Paper Citizens: How Illegal Immigrants Acquire Citizenship in Developing Countries|publisher=Oxford University Press|year=2008|isbn=978-0-19-537122-2|page=10}}</ref>
* {{flag|Malaysia|name}}: A person born in Malaysia on or after 16 September 1963 with at least one parent being a Malaysian citizen or permanent resident is automatically a Malaysian citizen (see Malaysian nationality law).{{fact|date=April 2020}}
* {{flagicon|Hong Kong}} Hong Kong: Since the July 1997 transfer of sovereignty over Hong Kong, most political rights and eligibility for most benefits are conferred to permanent residents regardless of citizenship. Conversely, PRC citizens who are not permanent residents (such as residents of Mainland China and Macao) are not conferred these rights and privileges. The Basic Law provides that all citizens of the People's Republic of China (PRC) born in the territory are permanent residents of the territory and have the right of abode in Hong Kong. The 2001 case ''Director of Immigration v. Chong Fung Yuen'' clarified that the parents need not have right of abode<ref name="Chen">{{cite journal|last=Chen|first=Albert H. Y.|year=2011|title=The Rule of Law under 'One Country, Two Systems': The Case of Hong Kong 1997–2010|url=http://www.law.ntu.edu.tw/ntulawreview/articles/6-1/09-Article-Albert%20H.%20Y.%20Chen_p269-299.pdf|journal=National Taiwan University Law Review|volume=6|issue=1|pages=269–299|accessdate=4 October 2011}}</ref> and as a consequence many women from Mainland China began coming to Hong Kong to give birth. By 2008, the number of babies in the territory born to Mainland China mothers had grown to twenty-five times the number five years prior.<ref>{{cite news|date=September 2011|title=Babies Born in Hong Kong to Mainland Women|periodical=Hong Kong Monthly Digest of Statistics|url=http://www.statistics.gov.hk/publication/feature_article/B71109FB2011XXXXB0100.pdf|url-status=dead|accessdate=4 October 2011|archiveurl=https://web.archive.org/web/20111125040302/http://www.statistics.gov.hk/publication/feature_article/B71109FB2011XXXXB0100.pdf|archivedate=25 November 2011}}</ref><ref name="FiveYearsGrowTwentyFiveTimes">{{cite news|date=10 March 2008|title=內地來港產子數目5年急增25倍 香港擬收緊綜援|periodical=People's Daily|url=http://hm.people.com.cn/BIG5/85423/6976796.html|url-status=dead|accessdate=5 October 2011|archiveurl=https://web.archive.org/web/20120118221836/http://hm.people.com.cn/BIG5/85423/6976796.html|archivedate=18 January 2012}}</ref> Furthermore, persons of Chinese ethnicity (wholly or partly) born in Hong Kong are PRC citizens with permanent residence, even if their parents are non-PRC citizens (e.g. overseas-born Chinese). Non-PRC citizens born to non-PRC citizen permanent resident parents in Hong Kong also receive permanent residence at birth. Other persons must have "ordinarily resided" in Hong Kong for seven continuous years in order to gain permanent residence (Articles 24(2) and 24(5)).<ref>{{cite web|title=Basic Law Full Text – chapter (3)|url=http://www.basiclaw.gov.hk/en/basiclawtext/chapter_3.html|date=|website=Basiclaw.gov.hk|accessdate=23 February 2017}}</ref>
* {{flag|Thailand|name}}: Thailand operated a system of pure ''jus soli'' prior to 1972. Due to illegal immigration from Burma, the Nationality Act was amended to require that both parents be legally resident and domiciled in Thailand for at least five years for their child to be granted Thai citizenship at birth.<ref>{{cite web|title=Thailand|url=http://www.osg.gov.ph/index.php/component/content/article/36-country/365-thailand|publisher=Office of the Solicitor General|location=Republic of the Philippines|accessdate=22 June 2012}}</ref><ref>{{cite journal|last=Yang|first=Bryant|year=2009|title=Life and Death Away from the Golden Land: The Plight of Burmese Migrant Workers in Thailand|url=http://www.thailawforum.com/articles/Burmese-Migrants-in-Thailand-7.html|journal=Thailand Law Journal|volume=12|issue=1|accessdate=22 June 2012}}</ref> Furthermore, someone who has Thai citizenship by sole virtue of ''jus soli'' may be stripped of Thai citizenship under various conditions (such as living abroad), which does not apply to people who have Thai citizenship by virtue of ''jus sanguinis''.<ref>{{cite journal|date=27 February 2008|title=Amendments to the Nationality Act 2008|url=http://www.thailawforum.com/database1/Amendments-to-the-nationality-act.html|journal=Government Gazette of Thailand|volume=125|accessdate=22 June 2012}}</ref>

=== Europe ===

* {{flag|France|name}}: Children born in France (including overseas territories) to at least one parent who is either (i) a French citizen or (ii) born in France, automatically acquire French citizenship at birth. Children born to foreign parents who do not fulfil either of these two conditions may acquire citizenship from age 13 subject to residence conditions (see French nationality law). A child born in France to foreign parents becomes a French citizen automatically upon turning 18, provided that they reside in France on their 18th birthday and have had their primary residence in France for a total (but not necessarily continuous) period of at least 5 years since the age of 11.
* {{flag|Germany|name}}: prior to 2000 Germany's nationality law was based entirely on ''[[Philosophy:Jus sanguinis|jus sanguinis]]'', but now children born in Germany on or after 1 January 2000 to non-German parents acquire German citizenship at birth if at least one parent has a permanent residence permit (and had this status for at least three years) and resided in Germany for at least eight years prior to the child's birth. However, ''jus soli'' citizens will lose their German citizenship upon turning 23 unless they: (i) reside in Germany for at least 8 years during their first 21 years of life; or (ii) attend school in Germany for at least 6 years; or (iii) graduate from high school/college in Germany; or (iv) complete professional/vocational training in Germany.{{fact|date=April 2020}}
* {{flagicon|Greece}} Greece: Apart from regulations in past and historic nationality laws of Greece granting nationality ''jus soli'',<ref>e.g., child born in Greece to alien parents after coming of age (Nationality law of 1835, Article 2), child born in Greece of unknown father and mother (Greek Civil Law of 1856, Article 14, Paragraph c), child born in Greece and not automatically acquiring another nationality (Greek Nationality Code of 1955, Article 1, Paragraph d)</ref> Greek Nationality Code of 2004 states that "A person born in Greek territory acquires by birth the Greek nationality if not acquiring alien nationality or is of unknown nationality".<ref>{{cite web|title=Greek Nationality Code (Law 3284 of 2004)|url=http://www.et.gr/idocs-nph/search/pdfViewerForm.html?args=5C7QrtC22wGQ_kZuUB4NxXdtvSoClrL8EegH9xtRd-R5MXD0LzQTLWPU9yLzB8V68knBzLCmTXKaO6fpVZ6Lx3UnKl3nP8NxdnJ5r9cmWyJWelDvWS_18kAEhATUkJb0x1LIdQ163nV9K--td6SIuWsLHX0bpf96NtWuRfc9Zq-Rx6Ucr5qB1DD2JpqdvYoP|website=Et.gr|accessdate=23 February 2017}}</ref> Additionally, as from 2015's amendment of 2004 Cod (Law 4332 of 2015, G.G. A/76/9 July 2015), a child born in Greece by foreign parents, shall acquire the right of Greek nationality with a combination of preliminary school attendance and parents' legal residence in Greece (5 years, 10 if the child is born prior to 5 years of legal residence).<ref>"Article 1 A child of foreigner parents born in Greece acquires the right to Greek nationality under the following preconditions: a) He/she has enrolled in the first grade of elementary school and is still attending Greek school at the time the application-declaration of paragraph 2 is being lodged. b) One of their parents has been living legally and continuously for at least five (5) years in the country before the child was born. In case the child was born before this five year period had been completed, then the necessary period of legal and continuous residence of the parents is extended to ten (10) years." See, [http://www.ypes.gr/UserFiles/24e0c302-6021-4a6b-b7e4-8259e281e5f3/metan-n4332-2015.pdf Law 4332 of 2015]</ref> One year after the implementation of the law (as from July 2016), 6,029 children had been granted Greek nationality, out of 27,720 submitted applications.<ref>{{cite web|title=Athens Macedonian News Agency: News in English, 16-07-04|url=http://www.hri.org/news/greek/apeen/2016/16-07-04_5.apeen.html#02|date=4 July 2016|website=Hri.org|accessdate=23 February 2017}}</ref>
* {{flag|Republic of Ireland|name|name=Ireland}}: On 1 January 2005, the law was amended to require that at least one of the parents be an Irish citizen; a British citizen; a resident with a permanent right to reside in Ireland or in Northern Ireland; or a legal resident residing three of the last four years in the country (excluding students and asylum seekers) (see Irish nationality law).<ref name="cmatters" /> The amendment was prompted by the case of Man Chen, a {{wipe|China}} woman living in mainland {{wipe|United Kingdom}} who travelled to [[Place:Belfast|Belfast]] (Northern Ireland, part of the UK) to give birth in order to benefit from the previous rule whereby anyone born on any part of the island of Ireland was automatically granted Irish citizenship. The Chinese parents used their daughter's Irish (and thereby European Union) citizenship to obtain permanent residence in the UK as parents of a dependent EU citizen. Ireland was the last country in Europe to abolish unrestricted ''jus soli''. (see Irish nationality law).{{fact|date=April 2020}}
* {{Flag|Luxembourg}}: A person born in Luxembourg is automatically a Luxembourg citizen if at least one of their parents was also born in Luxembourg.<ref name=":0">{{cite web|title=Obtaining Luxembourgish nationality by simple operation of law – Citoyens // Luxembourg|url=https://guichet.public.lu/citoyens/en/citoyennete/nationalite-luxembourgeoise/possession-automatique/effet-loi/index.html|website=guichet.public.lu|language=en|access-date=2018-06-11}}</ref> Additionally, a person born in Luxembourg to foreign, non-Luxembourg-born parents can become a Luxembourg citizen from the age of 12 if they have resided uninterrupted in Luxembourg for at least 5 years immediately prior to submitting the application, and if at least one of their parents lived in Luxembourg uninterrupted for at least 12 months immediately preceding their birth.<ref>{{Cite web|title=Acquiring Luxembourgish nationality by option|url=https://guichet.public.lu/en/citoyens/citoyennete/nationalite-luxembourgeoise/acquisition-recouvrement/option.html|last=|first=|date=|website=Guichet.lu|access-date=21 January 2020}}</ref> Furthermore, a person born in Luxembourg to foreign, non-Luxembourg-born parents gains Luxembourg citizenship automatically upon reaching the age of 18, provided that they have lived uninterrupted in Luxembourg for the preceding 5 years and at least one of their parents lived uninterrupted in Luxembourg for at least 12 months immediately preceding their birth.<ref name=":0" />
* {{flag|Portugal|name}}: A child born in Portuguese territory to who does not possess another nationality is a Portuguese citizen. Also, a person born to foreign parents who were not serving their respective States at the time of birth is a Portuguese citizen if the person declares that they want to be Portuguese and provided that one of the parents has legally resided in Portugal for at least two years at the time of birth.<ref>{{cite web|title=Portuguese Nationality Act : Law 37/81, of 3 October : Consolidated version, as amended by Organic Law 2/2006, of 17 April|url=http://eudo-citizenship.eu/admin/?p=file&appl=currentCitizenshipLaws&f=POR%20Law%2037%2081%20as%20consolidated%20by%20Law%202%2006%20%28English%29.pdf|website=Eudo-citizenship.eu|accessdate=23 February 2017}}</ref>
* {{flag|Spain|name}}: A child born in Spain to foreign parents may acquire Spanish citizenship ''jus soli'' if either one of the parents was also born in Spain or neither of the parents can transmit their nationality to the child (such as stateless parents).{{fact|date=April 2020}}
* {{flag|United Kingdom|name}}: Since 1 January 1983, at least one parent must be a British citizen or be legally "settled" in the country or upon the 10th birthday of the child regardless of their parent's citizenship status (see British nationality law).{{fact|date=April 2020}}
* {{Flag|Malta}}: A person born in Malta on or after 1 August 2001 is automatically a Maltese citizen if at least one of their parents is Maltese or was born in Malta. Anyone born in Malta before 1 August 2001, regardless of their parents' circumstances, is automatically a Maltese citizen, as the country conferred unconditional ''jus soli'' until this date (see Maltese nationality law).

=== Middle East ===

* {{Flag|Bahrain}}: Children born to a foreign father with valid residency permits who himself was born in Bahrain have right to citizenship.<ref>{{cite web|title=Part one of Bahraini citizenship|url=http://www.refworld.org/pdfid/3fb9f34f4.pdf|last=|first=|date=|website=Ref world|publisher=|accessdate=12 March 2015}}</ref>
* {{flag|Iran|name}}: Article 976(4) of the Civil Code of Iran grants citizenship at birth to persons born in Iran of foreign parents if one or both of the parents were themselves born in Iran. See Iranian nationality law.<ref>{{cite web|title=Civil Code of Iran (last amended 1985)|url=http://www.unhcr.org/refworld/country,,NATLEGBOD,,IRN,,3ae6b5a68,0.html|publisher=United Nations High Commission for Refugees|accessdate=23 June 2012}}</ref>
* {{flag|Israel|name|name=Israel}}: Children born in Israel who have never acquired another citizenship are eligible to apply for Israeli citizenship between their 18th and 21st birthday if they have lived in Israel for over 5 years (see Israeli citizenship law).{{fact|date=April 2020}}

=== Oceania ===

* {{flag|Australia|name}}:<ref name="cmatters" /> Since 20 August 1986, a person born in Australia acquires Australian citizenship by birth only if at least one parent was an Australian citizen or permanent resident; or else after living the first ten years of their life in Australia, regardless of their parent's citizenship status (see Australian nationality law).
* {{flag|New Zealand|name}}:<ref name="cmatters" /> Since 1 January 2006, a person born in New Zealand acquires New Zealand citizenship by birth only if at least one parent was a New Zealand citizen or permanent resident (includes Australian citizens and Permanent Residents) (see New Zealand nationality law), or if to prevent being stateless.<ref>{{cite web|title=1000 kids face deportation or being orphaned for breaching New Zealand visa rules|url=http://www.visabureau.com/newzealand/news/07-10-2011/1000-kids-face-deportation-or-being-orphaned-for-breaching-new-zealand-visa-rules.aspx|date=7 October 2011|website=Visabureau.com|url-status=dead|archive-url=https://web.archive.org/web/20160304093049/http://www.visabureau.com/newzealand/news/07-10-2011/1000-kids-face-deportation-or-being-orphaned-for-breaching-new-zealand-visa-rules.aspx|archive-date=4 March 2016|accessdate=23 February 2017}}</ref>

== Abolition of ''jus soli'' ==
Some countries that formerly observed ''jus soli'' have moved to abolish it entirely, conferring citizenship on children born in the country only if at least one of the parents is a citizen of that country.

* {{flagicon|Malta}} Malta: Changed the principle of citizenship to ''jus sanguinis'' on 1 August 1989 in a move that also relaxed restrictions against multiple citizenship. However, anyone born in Malta before 1 August 2001 falls under unconditional ''jus soli'' and is a Maltese citizen.<ref>{{cite book |title=Citizenship policies in the new Europe |author=Bauböck, Rainer |publisher=Amsterdam University Press |year=2007 |isbn=978-90-5356-922-1 |page=[https://archive.org/details/citizenshippolic0000unse/page/247 247] |author2=Bernhard Perchinig |author3=Wiebke Sievers |url-access=registration |url=https://archive.org/details/citizenshippolic0000unse/page/247 }}</ref>

== See also ==
* Birthright citizenship in the United States
* History of citizenship
* ''[[Philosophy:Jus sanguinis|Jus sanguinis]]''
* Nationality law

==Notes==
{{notes}}

== References ==
{{reflist}}


[[Category:Philosophical concepts]]

{{Sourceattribution|Jus soli|1}}