Jus sanguinis

Jus sanguinis (Latin for "right of blood") is a right by which nationality or citizenship can be recognised to any individual born to a parent who is a national or citizen of that state. It contrasts with jus soli (Latin for "right of soil"). At the end of the 19th century, the French-German debate on nationality saw Ernest Renan oppose the German conception of an "objective nationality", based on "blood", "race" or even, as in Fichte's case, "language". Renan's republican conception explains France's early adoption of jus soli. Many nations have a mixture of jus sanguinis and jus soli, including the United States, Canada, Israel, Germany (as of recently), Greece, Britain, Ireland, and others.

Lex sanguinis

Usually a practical regulation of the acquisition of nationality or citizenship of a state by birth to a parent who is already a citizen of the state is provided by a derivative law called lex sanguinis. Most states provide a specific lex sanguinis, in application of the respective jus sanguinis, but citizenship is not normally automatically inherited. This is to avoid the creation of generations of overseas citizens with no real connection with the state, but still being able to claim rights such as immigration and protection from that state.

European countries

Apart from France, jus sanguinis still is the preferred means of passing on citizenship in many continental European countries. This has been criticised on the grounds that, if the only means, it can lead to generations of people living their whole lives in the state without being citizens of it - according to Agamben, thus likening their status to an Homo Sacer, deprived of any civil rights. Germany only recently abandoned full jus sanguinis, adopting a few elements from jus soli. More recently these countries have begun to move more towards use of jus soli, partially under the influence of the European Convention on Nationality. In most cases birth in the country plus the citizenship of at least one parent is sufficient.

Italy

Italy, possibly alone in this respect, bestows citizenship jus sanguinis for all descendants of an Italian citizen where that citizen was born after 1861, being the date of creation of the modern Italian state. In the case the citizen was born before 1861, descendants must prove that their ancestors left Italy after the date of creation of the modern state. Another constraint is that each descendant of the ancestor through whom citizenship is claimed jus sanguinis can pass on citizenship only if they were a citizen at the time of the birth of the person to whom they are passing it. So if one person in the chain renounces or otherwise loses their Italian citizenship, then has a child, that child is not an Italian citizen jus sanguinis. A further constraint is that citizenship could be passed on by females only after January 1st 1948, so those born before that date are not Italian citizens jus sanguinis if their line of descent from an Italian citizen depends on a female at some point. See Italian nationality law

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Lex sanguinis

European countries

Italy

See also