Ius Filiationis: A defence of Citizenship by Descent
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some democratic procedure in which they decide whom to admit or reject,
nor the mere fact of subjection to the laws due to temporary presence in the
territory. All of these rules lead to too much contingency and discontinuity
with regard to the composition of the citizenry. Promoting civic attitudes and
skills among those who are citizens is important, but it cannot resolve the
puzzle who has a claim to be a citizen in the first place. Automatic acquisition
of membership at birth and for life sets this question aside. It makes citizenship a part of citizens’ personal identities that they are likely to accept. And
it allows democracies to tap into resources of solidarity and to promote a
sense of responsibility towards the common good and future generations.
In a nutshell, these are my two arguments why a modified version of ius
sanguinis should be accepted as necessary for democratic states:
In a world of territorial states that control immigration, ius sanguinis (or
ius filiationis) is as indispensible as ius soli for protecting the children of
migrants. It provides them with the right to stay and to be admitted in their
country of birth as well as their parents’ country of origin. No other legal
status can secure these rights as well as a birthright to dual nationality.
Deriving citizenship from unchosen and permanent features of personal
identity – where and to whom one is born – sets aside the politically divisive
membership question for the vast majority of citizens, creates a quasi-natural
equality of status among them and signals that membership is linked to
responsibilities for the common good and for future generations. No citizenship education programme can fully substitute for these signalling effects of
birthright citizenship.
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