Acquisition of nationality through
place of birth (jus soli)
Provision
(a) Where a child is born in the territory of State X, they will acquire the
nationality of State X.
Comments
Jus soli, the principle by which nationality is granted as a result of place of
birth, is not a common means for acquisition of nationality among the LAS
member States. Generally speaking, this is not inconsistent with international
law, as the means by which nationality is granted is generally within the
purview of individual States. However, if a child is born without nationality in
the territory of a LAS member State, it is important that the child is provided
with citizenship of the State in which it is born, thereby fulfilling the State’s
obligations under Article 7 of the CRC, and Article 24 of the ICCPR to ensure
that no child is born without a nationality.36
A child is born without a nationality if they acquire neither the nationality of
their parents nor that of the State of his or her birth.37 It is important to note
that the status of the parents, that is, whether or not they are stateless, is not
determinative of whether a child is born stateless. It may be the case that a
child’s parents cannot confer their nationality to the child even if they both
possess a nationality, particularly where one or both of the parents’ countries
of nationality limit their ability to confer nationality to children born abroad.
The numbers of children who would acquire nationality through this mode
of acquisition is likely to be small, especially if all countries in the region
expand their nationality laws so that women may pass their nationality to
their children on an equal basis as men, which would significantly decrease
the proportion of children born without nationality.
19