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tain attitudes and skills that first need to be developed?8 We may expect that
children who are born and grow up in the state territory or who are raised by
citizen parents will eventually want to join the political community and will
also acquire the skills required for political participation. Yet these are
expectations rather than certainties. Dumbrava suggests therefore that ‘we
could delay the attribution of citizenship until such attitudes and skills are
confirmed’. However, since children also depend on the state for their health
and education, he adds that they could at least be granted provisional citizenship. The Latin American distinction between nationality acquired at
birth and citizenship acquired at majority seems to approximate this idea.
One reading of Dumbrava’s proposal is that this is just a terminological
distinction harking back to Aristotle’s two definitions of citizenship. If we
consider as citizens those who ‘give judgments and can hold office’, i.e. the
members of the demos, then children are indeed only provisional citizens
but will automatically become full citizens at the age of majority. The other
interpretation draws, however, a line between the two statuses that can only
be crossed by demonstrating the right attitude and skills. Instead of naturalising immigrants into a birthright community, this community itself would
be denaturalised and reconstituted through a citizenship test imposed on all
provisional native citizens. It may seem a form of poetic justice to treat
natives like immigrants. Yet there is a big difference between expecting and
promoting citizenship attitudes and skills and making them a requirement
for access to citizenship rights. The only reason why immigrants can be
expected to spend a few years as residents before becoming citizens, which
gives them time to develop citizenship skills, and to apply for naturalisation,
which demonstrates a civic attitude, is that they are birthright citizens of
another state who have grown up there.
Citizenship across generations
Dumbrava concludes by suggesting that the intergenerational continuity of
democratic membership should be achieved through consolidating institutions and educating citizens rather than the legal fictions and biological contingencies of birthright citizenship. One might ask why democracies need
intergenerational continuity. The answer leads us back to the original justification for ius sanguinis after the French Revolution. It should not be the rulers who determine who the citizens are, nor the citizens themselves through
8
See Dumbrava, C. (2014), Nationality, Citizenship and Ethno-Cultural
Belonging, Preferential Membership Policies in Europe. Houndmills
Basingstoke: Palgrave Macmillan, chapter 8, 9.
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