Jus soli

Jus soli (English: juss SOH-ly or yooss SOH-lee, Latin: [juːs ˈsɔliː]), 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.