Overview
Jus soli, commonly referred to as birthright citizenship, is the right to acquire nationality or citizenship by being born within the territory of a state.
Jus soli was part of the English common law, in contrast to jus sanguinis, which derives from the Roman law that influenced the civil-law systems of mainland Europe.
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. Outside the Americas, however, jus soli is rare. Since the Twenty-seventh Amendment of the Constitution of Ireland was enacted in 2004, no European country granted citizenship based on unconditional or near-unconditional jus soli until the adoption of Latvia's jus soli citizenship law in 2020.
Almost all states in Europe, Asia, Africa and Oceania grant citizenship at birth based upon the principle of 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.
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