Jus sanguinis is a legal term meaning “right of blood” used in nationality law and citizenship policy. It allows an individual to claim citizenship based on a parent’s nationality or citizenship. It differs from jus soli, which establishes citizenship based on place of birth. Many European countries still use jus sanguinis, and some countries require language and cultural knowledge to apply for citizenship. Lex sanguinis provides privileges to immigrants but does not allow immediate citizenship inheritance.
Jus sanguinis is a Latin phrase that literally translates to “right of blood” in English. The phrase is most often used in situations involving nationality law and citizenship policy. It was first used as a legal term in the year 1902.
The phrase states that an individual can claim a right to citizenship based on a parent’s nationality or citizenship. An individual can claim citizenship of a particular country if, at the time of his or her birth, one parent holds the same citizenship. In ordinary cases, the legitimate child naturally obtains the father’s citizenship, but in cases of illegitimate children, the son receives the same citizenship as the mother, unless disputed. The social policy of jus sanguinis differs greatly from another policy called “jus soli”, which means “law of the land”. Jus soli does not take into account the citizenship of any parent, but establishes the citizenship of an individual based on his place of birth.
The jus sanguinis policy is still valid, especially in European countries such as France, Greece, Sweden and Romania. Many immigrations and diasporas occurred outside Europe before and during the 20th century, resulting in many people residing outside their home country. Offering the right to ius sanguinis can serve as a means of bringing people back and preserving a country’s culture, identity and language. In Ireland, a person can even claim the nationality of a grandparent to become a citizen. In Spain, any individual who has Spanish ancestry, regardless of rank and distance, is permitted an original nationality.
Other countries, however, require individuals to have some awareness of the language and culture in order to apply for citizenship. In these cases it is necessary to take and pass a language exam. A person can also present evidence that he has knowledge of the culture.
Another nationality law derived from the jus sanguinis is the “lex sanguinis” or the “blood law”. This law provides privileges to an individual as an immigrant, but does not allow immediate inheritance of citizenship. Depending on what the law covers, a person can buy and own land, get an education, or stay in the country without a visa. The right to vote, however, is usually denied, as this is a right that only citizens can claim. The lex sanguinis aims to protect a country from an influx of people who have no sincere and genuine ties but want to automatically claim citizenship.
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