Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 2

1.) What is Jus Sanguinis?

The notion of jus sanguinis (the law of blood) creates political membership based on being a
biological descendant of a present citizen of the state. In short, the idea presented here does
not take the fact of one's birthplace and elevate it to the level of a constitutionally protected
principle. While the present application of jus sanguinis may be traced to the 1804 Civil Code,
eliminating the territorial notion in France, the origin of the term itself can be found in the Civil
Code of 1790, which retained territoriality as a legal concept. France's Civil Code dictates that a
man can provide his nationality to his offspring at birth, even if the offspring was born in a
foreign country. European nations, including Austria, Belgium, Spain, Prussia, Italy, Russia, the
Netherlands, Norway, and Sweden, copied the French concept of jus sanguinis by implementing
the right of blood. As a result, the jus sanguinis notion has subsequently spread beyond Europe.
Approximately 90% of the countries in portions of Africa, Europe, and Asia, have embraced this
idea.

3.) What is Jus Soli?

Inclusive views of jus soli are demonstrated in the law of the soil, an idea that originates inside
the standard legal system, incorporating a geographical perspective of birthright citizenship. It
declares that any person born in the geographic domain of a specific state has the right to
identify oneself as a member of that state's community. The contemporary jus soli concept
rests on the feudal system of England in the Middle Ages, where subjects owed loyalty to the
Sovereign from birth and were referred to as "ligeance" or "fidelity and devotion." According to
historical accounts, in the 1608 case of Clavin, Lord Coke used the term ligeance to characterize
the unbreakable bond between the monarch and his subjects. However, today, the concept of
jus soli may be seen as a relationship between the governments and their respective citizens.
The only criteria in awarding Jus Soli citizenship is the place of birth. A child born within the
territory of a specific state acquires citizenship no matter what the parents' immigration history
is. This rule is prominent throughout the Americas as a result of European colonialism's
repercussions.
2.) Give a scenario where a child acquires Citizenship through Jus Sanguinis.

One scenario depicting the concept of jus sanguinis is that a baby was born in Country A, while
his mother and father were born in Country B, ruled by a jus sanguinis system. Theoretically,
the baby becomes a citizen of Country B.  As explained earlier, when both parents of a child
were born and are current citizens of a nation that conforms to the jus sanguinis system, the
child automatically inherits his parents' birthright citizenship regardless of where he was born. I
can relate this to the case of Zoe Miranda, daughter of the Filipino actress and commercial
model Sofia Andres, and the multi-awarded kart racer Daniel Miranda. I personally stan this
adorable baby; that's why I know a thing or two about her background, including her place of
birth. So, Zoe was actually born in Australia last year, but rather than obtaining citizenship in
that state, she inherently followed the birthright citizenship of her parents. Since Sofia and
Daniel are both current citizens of the Philippines, their daughter was then automatically
recognized as a citizen of the state as well, regardless of her birthplace. 

4.) Give a scenario where a child acquires Citizenship through Jus Soli.

A scenario that illustrates the notion of jus soli is that when a baby is born in Country A, a jus
soli country, he automatically acquires the right to be identified as a citizen of such country
regardless of the circumstances surrounding his parents, who were born in Country B. The law
of the soil, wherein any person born within the territory of a jus soli state shall be considered a
citizen of that country notwithstanding the immigration history of his parents. This case
parallels that of my nephew, Aciel, who became a citizen of Canada after he was born there. A
few years ago, my half-sister and her foster family migrated to Canada for good. That's where
she met my nephew's father, who was also an immigrant from the Philippines, with his family.
In the long run, they eventually acquired permanent residency in the state. It was long after my
nephew was born when they were able to obtain their Canadian citizenship. Arguably, when a
child is born of parents who are still sole citizens of another state where the jus sanguinis
principle applies, the Philippines, for instance, a conflict of jurisdiction may emerge. A child
born in Canada to Filipino parents, my nephew, for example, is a Canadian citizen through the
law of the soil and a Filipino citizen by the law of blood. His jurisdiction will determine his
citizenship; in Canada, he is a Canadian citizen; in the Philippines, he is a Filipino; and in any
other nation, he is both.

You might also like