164
SOCIO-LEGAL REVIEW
VOL. 17
Since there was not enough territory in Europe to accommodate all ethnicities’ demands, some groups, like Jews, were reduced to minority status.35
However, the states that housed these minorities were ethnonationalist states,
meaning that they existed by and for specific ethnic identities; as a result, the
states resented the presence of minorities in their territory.36
Although the definition of “ethnicity” is contested, it commonly refers to a
shared group identity based on characteristics like religion, race, language.37
These characteristics have also been called descriptive characteristics.38 When
states determine citizenship based on descriptive characteristics, they are following the citizenship model of jus sanguinis.39 In using jus sanguinis, the
state intends to retain its ethnonationalist character for future generations by
reproducing its existing population’s demographic.40 Thus, jus sanguinis also
derives citizenship based on descent. On the other hand, states may confer
35
36
37
38
39
40
Arendt (n 32); Fitzgerald (n 32); the new states signed treaties in recognition of their obligation to safeguard minority rights. However, the obligation to preserve minority rights came in
sharp conflict with the nationalistic fervour which had birthed the ethnonationalist states, creating immense resentment of minorities as in Arendt (n 32); Kheinkor Lamarr, ‘Jurisprudence
of Minority Rights: The Changing Contours of Minority Rights’ (2018) Research
Association for Interdisciplinary Studies Working Paper 15 <http://rais.education/wp-content/uploads/2017/10/015March.pdf>; Krisztina Than and Krisztina Fenyo, ‘One Century on,
Hungarians Still Feel World War One ‘Injustice’’ (Reuters, 4 June 2020) <https://www.reuters.com/article/us-ww1-century-hungary-trianon-idUSKBN23B1SD> accessed 28 July 2021;
Elizabete Aunina, ‘Perpetual Conflict of ‘Turkishness’: The Turkish State and its Minority
Groups’ (E-international Relations 11 April 2018) <https://www.e-ir.info/2018/11/04/perpetual-conflict-of-turkishness-the-turkish-state-and-its-minority-groups/> accessed 28 July 2021;
see generally, Yakub Halabi, ‘Tiny Religious Minorities and Minority Group Rights: The case
of the Druze Community’ [2020] 26 Journal for the Study of Race, Nation and Culture 739.
Arendt (n 32); Lamarr (n 35); Edwin Wilmsen and Patrick McAllister (ed), The Politics of
Difference: Ethnic Premises in a World of Power (University of Chicago Press 1996).
Fitzgerald (n 32); although “ethnicity” is a contested term, the term “ethnic” can be understood as “those who identify themselves or are identified by others in cultural terms, such as
language, religion, tribe, nationality, and possibly race” as in Joseph Rudolph, Encyclopedia
of Modern Ethnic Conflicts (ABC-CLIO 2015); see generally, James Manor, ‘‘Ethnicity’ and
Politics in India’ [1996] 72 Royal Institute of International Affairs 459
Carolina Nuñez, ‘Mapping Citizenship: Status, Membership, and the Path in Between’ [2016]
3 Utah Law Review 477.
Fitzgerald (n 32); jus sanguinis is primarily followed in continental European countries as in
Laura van Waas, ‘Nationality Matters: Statelessness Under International Law’ Human Rights
Research Series (2008) <https://files.institutesi.org/Nationality_Matters.pdf> accessed 28
July 2021; Peter Schuck and Rogers Smith, Citizenship Without Consent: Illegal Aliens in the
American Polity (Yale University Press 1985); Jo Shaw, The People in Question: Citizens and
Constitutions in Uncertain Times (Bristol University Press 2020); Patrick Weil, ‘The Lessons
of the French Experience for Germany and Europe’ in David Cesarani and Mary Fulbrook
(ed), Citizenship, Nationality and Migration in Europe (Routledge 1996); Ayelet Shachar,
‘Children of a lesser state: Sustaining Global Inequality Through Citizenship Laws’ Jean
Monnet Working Paper 2/03 (2003) <https://jeanmonnetprogram.org/archive/papers/03/030201.
html> accessed 28 July 2021; Alladi Krishnaswami Ayyar and KM Munshi, Constituent
Assembly Debates pp. 3.18.149-3.18.181 (29 April 1947) <https://www.constitutionofindia.net/
constitution_assembly_debates/volume/3/1947-04-29> accessed 28 July 2021.
Schuck and Smith (n 39).