Cassadee Orinthia YAN International Comparative Jurisprudence. 2024, 10(1):94-111. However, differing interpretations of this clause have led to disagreements. Ramsey (2020, p. 7) charts the evolution of interpretations of birthright citizenship in the U.S. In United States v. Wong Kim Ark (1898), the Supreme Court upheld birthright citizenship for children of non-citizen residents. Based on the jus soli concept, the court ruled that children born to lawful permanent residents, regardless of their parents’ citizenship, are entitled to birthright citizenship. The matter of birthright citizenship has remained controversial in recent years. Ramsey (2020) highlights the rise of originalist arguments, which claim that birthright citizenship should exclusively apply to individuals born to citizens or legal permanent residents. Proponents of this perspective argue that granting citizenship to the children of undocumented immigrants was not intended by the Fourteenth Amendment. However, through these two doctrines, the majority of States have yet to come up with procedures, laws, and regulations that ensure that they protect stateless persons. The available laws and procedures are embedded with discriminatory rules that contain several gaps in attaining nationality. Stateless persons are thereby denied the right to citizenship (Songa, 2021). As was previously mentioned, citizenship by birth in Kenya and South Africa is not automatic; the child must have at least one parent entitled to citizenship in these countries. Focusing on Alberta, Canada, Onciul’s (2018) study examined the intersection of community involvement, curatorial practice, and museum ethos. While this material does not directly address citizenship regulations, it does shed light on the historical context of museum procedures. By examining the role of museums in local communities, we can gain insights into the evolving understanding of citizenship. Onciul (2018) argues that the effects of colonial history on Alberta museums have profoundly impacted indigenous people: ‘Colonialism had a lasting impact on indigenous communities, as their citizenship rights were often suppressed, resulting in the marginalization of their cultural heritage within museum spaces’ (p. 720). This underscores the historical power dynamics that have shaped indigenous groups’ citizenship and cultural representation within mainstream Canadian society. As is highlighted below, colonialism also impacted the Nubian community of Sudanese descent who came to work in Kenya, where they experienced discrimination by the post-colonial government. Mohsin (2020) highlights the indifference that stateless individuals encounter, emphasizing the importance of citizenship and its legal frameworks in preserving peoples’ rights and well-being by arguing that ‘the emergence of statelessness can be traced back to historical events such as the dissolution of empires, armed conflicts, and discriminatory citizenship laws’ (p. 3). These historical factors have led to the creation of stateless communities, leaving them vulnerable to exclusion and discrimination and limiting their access to fundamental rights. In a similar vein, Latham-Sprinkle et al. (2019) explored the vulnerabilities of migrants, including their susceptibility to forced labour, modern-day slavery, and human trafficking. Understanding the systemic issues faced by migrant populations requires an examination of the historical background of migration and its relationship to citizenship legislation. The authors contend that ‘historical migration patterns, economic disparities, and inadequate legal protections have created conditions that facilitate human trafficking, modern slavery, and forced labor’ (p. 5). This demonstrates how historical events and changing legal systems have influenced immigrant experiences and citizenship status. The roots of citizenship legislation can be traced back to ancient societies such as Athens and Rome, where membership in a political organization entailed certain rights and benefits. However, it was only in the modern era that citizenship became crucial for nation-state formation. Harpaz and Mateos (2019, p. 844) argue that ‘citizenship has become a central field of struggle over the allocation of rights, privileges, and resources’. During the Enlightenment, with the development of liberal political theory, the concept of citizenship underwent significant transformation, becoming increasingly associated with fundamental rights, inclusion, and equality. Jelin (2019) affirms that ‘Enlightenment thinking proclaimed the existence of universal natural rights, as well as the principle 97

Select target paragraph3