Editing Jus soli (section)

== Background ==
Jus soli, sometimes called  ''lex soli'', is the principle of citizenship acquired by the place of birth. Children born to a parent in the diplomatic or consular service of another state are often not eligible for ''jus soli'' citizenship in a host State.<ref>{{cite journal|first=Nicole|last=Guimezanes|title=What Laws for Naturalisation?|journal=The OECD Observer|publisher=[[OECD|Organisation for Economic Co-operation and Development]]|location=Paris, France|date=June–July 1994|issue=188|pages=24–27}}</ref><ref>{{cite book|first1=Ivan|last1=Shearer|first2=Brian|last2=Opeskin|chapter=Nationality and Statelessness|title=Foundations of International Migration Law|editor1-first=Brian|editor1-last=Opeskin|editor2-first=Richard|editor2-last=Perruchoud|editor3-first=Jillyanne|editor3-last=Redpath-Cross|publisher=[[Cambridge University Press]]|location=Cambridge, England|date=2012|page=99|isbn=978-1139084598|quote=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>

Unconditional ''jus soli'' is mostly found in the Americas. 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 do not recognize maternal ''jus sanguinis'' citizenship.<ref name="Global Citizenship Studies 2014 p. 213"/><ref name="Treisman"/> 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 eligble for conditional ''jus soli'' citizenship.<ref>{{Cite web| title = Acquisition and loss of citizenship in EU Member States |publisher=European Parliament |url=https://www.europarl.europa.eu/RegData/etudes/BRIE/2018/625116/EPRS_BRI(2018)625116_EN.pdf}}</ref> [[UNHCR]] gives ten reasons for why people become stateless including laws related to marriage, administrative practices, renunciation of citizenship and nationality laws that discriminate on the basis of gender.<ref name=Weissbrodt>{{cite journal |last1=Weissbrodt |first1=David |last2=Collins |first2=Clay |title=The Human Rights of Stateless Persons |journal=[[Human Rights Quarterly]] |publisher=[[Johns Hopkins University Press]] |location=Baltimore, Maryland |url=https://scholarship.law.umn.edu/cgi/viewcontent.cgi?article=1416&context=faculty_articles}}</ref>

===Reduction of statelessness===
[[File:CRS members.svg|thumb|A map of parties to the Convention on the Reduction of Statelessness. Parties to Convention in dark green; countries which have signed, but not ratified in light green; non-members in grey.]]
Countries that have acceded to the 1961 [[Convention on the Reduction of Statelessness]] are obligated to grant nationality to people born in their territory who would otherwise become [[stateless person]]s.<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 people who are born aboard [[Flag state|ships flagged]] in the country or an [[Aircraft registration|aircraft registered]] in the country who would otherwise become stateless.<ref name="Chen223"/>}}<ref name=Weissbrodt/> These mixed systems were implemented to fulfill treaty obligations after the atrocities of [[World War II]] increased awareness about the vulnerability of stateless persons.<ref name="Citizenship"/><ref>{{cite web |last1=Bloom |first1=Tendayi |title=Problematizing the Conventions on Statelessness |url=https://collections.unu.edu/eserv/UNU:1969/pdf0201BLOOM.pdf |website=The United Nations University Institute on Globalization, Culture and Mobility |quote=Hannah Arendt argued that in Nazi Germany and the territories occupied by the regime, making Jews stateless enabled them to be treated differently from citizens. She writes that 'the Jews had to lose their nationality before they could be exterminated'...Stateless persons are often extremely vulnerable, and may find themselves excluded from the legal labour market, from property ownership and other basic rights, making them easily subject to exploitation.}}</ref>

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">Lung-chu Chen,
|-''An Introduction to Contemporary International Law: A Policy-Oriented Perspective'' ([[Oxford University Press]], 2015), p. 223.</ref>

===Birthright citizenship===

The ''New Oxford American Dictionary'' defines birthright citizenship as "a legal right to citizenship for all children born in a country's territory, regardless of parentage".<ref>"birthright citizenship." In New Oxford American Dictionary, edited by Stevenson, Angus, and Christine A. Lindberg. : Oxford University Press, 2010.</ref> In the United States ''jus sanguinis'' is not a constitutional right or a birth right.<ref name=schacher>Comparative Constitutional Law. United Kingdom: Edward Elgar, 2011.</ref> Citizenship by ''jus sanguinis'' is a legal status conferred by statute. The term birthright citizenship usually means ''jus soli'' citizenship.<ref>Understanding Statelessness. United Kingdom: Taylor & Francis, 2017. p. 103</ref>

Birthright citizenship is rooted in colonial history when settlers born in the colonial United States were considered "natural born" subjects of the King of England. The idea of conferring citizenship based on being born within the borders of the United States comes from this history.<ref>{{cite book |last=Jones |first=Mark P. |title=Voting and Political Representation in America: Issues and Trends [2 Volumes] |publisher= Bloomsbury Publishing |date=2020 |quote=Birthright citizenship goes back to colonial America and is based on the idea of "natural born" subjects of the King of England. After separating from England, the United States continued the idea of a natural-born citizen subject of the nation rather than the king. The right to claim citizenship as a result of being born in the territory of a state is known as the principle of ''jus soli'', which is Latin for "right to soil." This born-into-nation idea, jus soli, is the basis for the United States conferring birthright citizenship on those born inside its borders".}}</ref><ref name=naturalborn>{{Cite journal| title = "Natural Born Citizen"  |journal=American University Law Review| access-date = 2025-01-28| url = https://aulawreview.org/blog/natural-born-citizen/}}</ref> Allegiance based on [[natural law]] principles was the core concept of citizenship in ''[[Calvin's Case]]'' in which [[Edward Coke]] said that "they that are born under the obedience, power, faith, ligealty or ligeance of the King are natural subjects and no aliens".<ref>Irving, Helen. Allegiance, Citizenship and the Law: The Enigma of Belonging. United Kingdom: Edward Elgar Publishing Limited, 2022.</ref> The American concept of citizenship is derived from republican principles and may have been influenced by the French writer [[Emer de Vattel]].<ref name=naturalborn/>