The Janus-Face of Ius Sanguinis: Protecting
Migrant Children and Expanding Ethnic
Nations
Francesca Decimo
Costica Dumbrava’s proposal for abandoning ius sanguinis is timely and
bold. My intuition is to reject his suggestion that children’s citizenship might
be disconnected from that of their parents, but to join his advocacy for a
radical rethinking of the ius sanguinis principle with a view towards eliminating it once and for all. These are rather contrasting stances in relation to
the same principle. Let us see if the apparent contradiction can be resolved.
To begin, let us consider the element of Costica Dumbrava’s proposal
that has elicited most attention and controversy among the respondents, but
was picked up and expanded by Lois Harder, namely the assertion that
granting citizenship at birth is unnecessary and, above all, that making children dependent on the legal status of their parents exposes them to a form of
vulnerability. The idea of postponing the acquisition of citizenship until
adulthood, taking into account birthplace and residence or possession of the
appropriate attitudes and skills, derives from the classic opposition between
ius sanguinis and ius soli according to which the former is considered ethnic
and exclusive while the latter is considered civic and inclusive. Yet Rainer
Bauböck’s comments on this point explain how, in the absence of parental
transmission of citizenship to children, ius soli and ius domicilii can generate individual and familial conditions that are both legally paradoxical and
morally unfair.
I share the doubts and critiques raised by Rainer Bauböck, Scott Titshaw
and Kristin Collins regarding the alleged emancipatory value of a citizenship system that disconnects children from their parents. Particularly, I consider any legal system that fails to specifically protect the relationship
between parents and children to be highly risky. Indeed, who should children depend on if not their parents? Dumbrava’s proposal that children
might instead be subject to, and protected by, a kind of international law
faces the problem of subordinating the individual and familial reproductive
spheres to institutional logics.
© The Author(s) 2018
R. Bauböck (ed.), Debating Transformations of National Citizenship,
IMISCOE Research Series,
https://doi.org/10.1007/978-3-319-92719-0_22
113
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