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Jus soli

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Jus soli

Jus soli (English: /ʌs ˈsl/ juss SOH-ly or /js ˈsli/ 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.

Since the early 1980s (with the British Nationality Act 1981), developed countries have been restricting the right of jus soli (and jus sanguinis, as it happened to the Italian nationality law) in response to anti-immigration political pressures and to discourage economic migration from former colonies and non-developed countries.

As of 2025, Canada and the United States are the only advanced economies (according to IMF) of the world that still grant unrestricted birthright citizenship, including to children from illegal immigrant parents.

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.

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. 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. 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.

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 persons. These mixed systems were implemented to fulfill treaty obligations after the atrocities of World War II increased awareness about the vulnerability of stateless persons.

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