Executive Summary and
Recommendations
“The groups…most vulnerable to non-registration of birth
due to structural discrimination—including undocumented
migrants, indigenous, minority and nomadic groups, refugees,
internally displaced persons, and stateless persons—also face
a greater risk of having their nationality disputed.”
—United Nations Human Rights Council, December 2015
Countries throughout the Americas have traditionally granted citizenship through birth
in their territory, known in Latin as the jus soli rule. Most scholarship and research on
citizenship in the continental Americas finds that jus soli regimes are relatively straightforward to implement and generally prevent people from becoming stateless. However,
this study argues that jus soli, while laudable in theory, can be problematic in practice.
Even facially generous jus soli provisions are only as effective as their implementation,
and do not guarantee nationality to everyone.
Research conducted for this report identified significant problems in the operation of jus soli laws in Brazil, Chile, and Colombia. The citizenship regimes of all three
countries are marked by difficulties and systemic flaws in implementation. By closely
studying the strengths and especially the weaknesses of jus soli in Brazil, Chile, and
Colombia, it is possible to draw lessons in improving jus soli citizenship policies and
practices.
BORN IN THE AMERICAS
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