Chapter 1. Introduction
A closer look is taken next at how someone becomes a citizen of a country: the
acquisition of nationality.48 The two main principles based on which nationality is
attributed are jus sanguinis and jus soli. Jus sanguinis means ‘law of the blood’, which
articulates that nationality is acquired by descent: the nationality of a country is
attributed to a child when one or both parents are a national of the state concerned. Jus
soli can be translated as ‘law of the soil’, meaning that the nationality that is acquired at
birth is based upon the place – country – of birth.
Most laws and policies on the attribution of nationality at birth can be linked to
either or both of these principles. In Europe, there is a tendency towards using the jus
sanguinis-principle as the main principle for nationality attribution.49 Nationality is
often viewed as something that is passed from parent(s) to child(ren). It has been held
that this has a historical background, influenced by Christianity even, as
“the family, instead of the individual, seems to have been the unit, and that the aggregation
of such units formed the group or society which we may, for present purposes, call the state;
and that the family, as well as the groups of families forming the society, status, or state, was
one of blood relationship”.50
The jus sanguinis-principle is visible in a number of European legal instruments, as
well as in national laws. For children of stateless people in Europe, that would however
mean that they could remain stateless if (a) parent(s) is unable to pass nationality on
to the child(ren). Yet, also jus soli-elements can be found in current nationality laws
in Europe. It thus appears that European states are indeed aware of the need for using
both principles for attributing nationality. However, and as can be seen in chapter 2, the
large number of stateless people in Europe demonstrates that this has not really solved
the problem. At the same time, there remains a factor of coincidence in relation to
acquisition of nationality, as an individual cannot decide about his or her place of birth,
nor choose his or her parents – important facts in relation to the possibility to acquire a
nationality. Hence, the acquisition of citizenship, and thereby political membership, has
been termed the ‘birthright lottery’.51
A last principle, important to the acquisition of nationality at a later point in life
through naturalization, is that of jus domicilii. It means ‘law of residence’ and is the
48
49
50
51
See also Laura van Waas, Nationality Matters. Statelessness under International Law (School of
Human Rights Research Series vol 29, Intersentia 2008) 32–33 and Alice Edwards, ‘The Meaning of
Nationality in International Law in an Era of Human Rights: Procedural and Substantive Aspects’
in Alice Edwards & Laura van Waas (eds), Nationality and Statelessness under International Law
(Cambridge University Press 2014) 16–21.
Cf Caia Vlieks and Katja Swider, ‘The Jus Sanguinis Bias of Europe and What It Means for Childhood
Statelessness’ (ENS Blog, 17 June 2015) < www.statelessness.eu/blog/jus-sanguinis-bias-europe-andwhat-it-means-childhood-statelessness> accessed 22 August 2021.
James Brown Scott, ‘Nationality: Jus Soli or Jus Sanguinis’ (1930) 24 The American Journal of
International Law 58, 60.
Ayelet Shachar, The Birthright Lottery. Citizenship and Global Inequality (Harvard University Press
2009).
Intersentia
17
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