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Jus sanguinis (Latin: right of blood) is a principle of nationality law by which citizenship is not determined by place of birth but by having one or both parents who are citizens of the state. Children at birth may automatically be citizens if their parents have state citizenship or national identities of ethnic, cultural or other origins.[1] Citizenship can also apply to children whose parents belong to a diaspora and were not themselves citizens of the state conferring citizenship. This principle contrasts with jus soli (Latin: right of soil).[2]
At the end of the 19th century, the French-German debate on nationality saw the French, such as Ernest Renan, oppose the German conception, exemplified by Johann Fichte, who believed in an "objective nationality", based on blood, race or language. Renan's republican conception, but perhaps also the presence of a German-speaking population in Alsace-Lorraine, 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, Greece, Ireland, and recently Germany.
Today France only narrowly applies jus sanguinis, but it is still the most common means of passing on citizenship in many continental European countries. Some countries provide almost the same rights as a citizen to people born in the country, without actually giving them citizenship. An example is Indfødsret in Denmark, which provides that upon reaching 18, non-citizen residents can decide to take a test to gain citizenship.
Some modern European states which arose out of dissolved empires, like the Austro-Hungarian or Ottoman, have huge numbers of ethnic populations outside of their new 'national' boundaries, as do most of the former Soviet states. Such long-standing diasporas do not conform to codified 20th-century European rules of citizenship.
In many cases, jus sanguinis rights are mandated by international treaty, with citizenship definitions imposed by the international community. In other cases, minorities are subject to legal and extra-legal persecution and choose to immigrate to their ancestral home country. States offering jus sanguinis rights to ethnic citizens and their descendants include Italy, Greece, Turkey, Bulgaria, Lebanon, Armenia and Romania. Each is required by international treaty to extend those rights.
In recent years, the Gulf Cooperation Council states have ensured that nationality is not easily awarded to residents and expatriates, unless they have some ethnic connection. This is mainly because they fear that a larger population could be a threat to the existing political systems in these countries. In the workplace, preferential treatment is given to full citizens. State benefits are also generally available for citizens only and not residents.[3]
Many countries provide immigration privileges to individuals with ethnic ties to these countries (so-called leges sanguinis):
1 British Overseas Territories.
2 Open border with Schengen Area.
3 Russia is a transcontinental country in Eastern Europe and Northern Asia. The vast majority of its population (80%) lives in European Russia, therefore Russia as a whole is included as a European country here.
4 Turkey is a transcontinental country in the Middle East and Southeast Europe. Has a small part of its territory (3%) in Southeast Europe called Turkish Thrace.
5 Abkhazia; South Ossetia) are transcontinental countries. Both have a small part of their territories in the European part of the Caucasus.
6 Kazakhstan is a transcontinental country. Has a small part of its territories located west of the Urals in Eastern Europe.
7 Armenia (Nagorno-Karabakh) and Cyprus (Northern Cyprus) are entirely in Southwest Asia but having socio-political connections with Europe.
8 Egypt is a transcontinental country in North Africa and the Middle East. Has a small part of its territory in the Middle East called Sinai peninsula.
9 Partially recognized.
Azerbaijan, Turkey, Ukraine, Yerevan, Soviet Union
Azerbaijan, Armenia, Russia, United Kingdom, Syria
European Union, United Kingdom, France, Germany, Canada
Egypt, Israel, Syria, Lebanon, Saudi Arabia
United States Reports, American Civil War, Common law, United States Statutes at Large, Fourteenth Amendment to the United States Constitution
France, Germany, Egypt, Middle East, British nationality law
Bhutan, Middle East, Nationality law, Sedition, Bhutanese refugees
Middle East, Law, Armenia, United Nations, Human rights
Middle East, United Arab Republic, Armenia, Asia, India