Jus soli in the context of "Pakistani nationality law"

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⭐ Core Definition: Jus soli

Jus soli (English: /ʌs ˈsl/ juss SOH-ly or /js ˈsli/ yooss SOH-lee, Latin: [juːs ˈsɔliː]), meaning 'right of soil', is the right of anyone born in the territory of a state to nationality or citizenship. Jus soli was part of the English common law, in contrast to jus sanguinis ('right of blood') associated with the French Civil Code of 1804.

Jus soli is the predominant rule in the Americas; explanations for this geographical phenomenon include: the establishment of lenient laws by past European colonial powers to entice immigrants from the Old World and displace native populations in the New World, along with the emergence of successful wars of independence movements that widened the definition and granting of citizenship, as a prerequisite to the abolishment of slavery since the 19th century.

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Jus soli in the context of French nationality law

French nationality law is historically based on the principles of jus soli (Latin for "right of soil") and jus sanguinis, (Latin for "right of blood") according to Ernest Renan's definition, in opposition to the German definition of nationality, jus sanguinis, formalised by Johann Gottlieb Fichte.

The 1993 Méhaignerie Law, which was part of a broader immigration control agenda to restrict access to French nationality and increase the focus on jus sanguinis as the nationality determinant for children born in France, required children born in France of foreign parents to request French nationality between age 16 and age 21, rather than being automatically accorded citizenship at majority. This "manifestation of will" requirement was subsequently abrogated by the Guigou Law of 1998, but children born in France of foreign parents remain foreign until obtaining legal majority.

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Jus soli in the context of Immigration to Colombia

Immigration to Colombia during the early 19th and late 20th Century, is what makes it one of the most diverse countries in the world, above other countries in the Latin region. Colombia inherited from the Spanish Empire harsh rules against immigration, first in the Viceroyalty of New Granada and later in the Colombian Republic. The Constituent Assembly of Colombia and the subsequent reforms to the national constitution were much more open to the immigrants and the economic aperture. However citizenship through naturalization of foreigners, with the exception of those children of Colombians born abroad, is still difficult to acquire because 'Jus soli' law is not allowed by the government, and only 'Jus sanguinis' law is accepted. Immigration in Colombia is managed by the "Migración Colombia" agency.

Colombia is experiencing large waves of immigration from other Latin American countries, Europe, East Asia, and North America over the past five years. due to improvements in quality of life, security, and economic opportunities.

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Jus soli in the context of Jus sanguinis

Jus sanguinis (English: /ʌs ˈsæŋɡwɪnɪs/ juss SANG-gwin-iss or /js -/ yooss -⁠, Latin: [juːs ˈsaŋɡwɪnɪs]), meaning 'right of blood', is a principle of nationality law by which nationality is determined or acquired by the nationality of one or both parents. Children at birth may be nationals of a particular state if either or both of their parents have nationality of that state. It may also apply to national identities of ethnic, cultural, or other origins. Citizenship can also apply to children whose parents belong to a diaspora and were not themselves citizens of the state conferring citizenship. This principle contrasts with jus soli ('right of soil'), which is solely based on the place of birth.

In the 21st century, almost all states apply some combination of jus soli and jus sanguinis in their nationality laws to varying degrees, in contrast to largely pure forms of either as used in the 19th and 20th centuries. Historically, the most common application of jus sanguinis is a right of a child to their father's nationality. Today, the majority of countries extend this right on an equal basis to the mother. Some apply this right irrespective of the place of birth, while others may limit it to those born in the state. Some countries provide that a child acquires the nationality of the mother if the father is unknown or stateless, and some irrespective of the place of birth. Some such children may acquire the nationality automatically while others may need to apply for a parent's nationality.

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Jus soli in the context of Birthright citizenship in the United States

United States citizenship can be acquired by birthright in two situations: by virtue of the person's birth within United States territory while under the jurisdiction thereof (jus soli) or because at least one of their parents was a U.S. citizen at the time of the person's birth (jus sanguinis). Birthright citizenship contrasts with citizenship acquired in other ways, for example by naturalization.

Birthright citizenship is explicitly guaranteed to anyone born under the legal "jurisdiction" of the U.S. federal government by the Citizenship Clause of the Fourteenth Amendment to the United States Constitution (adopted July 9, 1868), which states:

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Jus soli in the context of Birthright

Birthright is the concept of things being due to a person upon or by fact of their birth, or due to the order of their birth. These may include rights of citizenship based on the place where the person was born or the citizenship of their parents, and inheritance rights to property owned by parents or others.

The concept of a birthright is ancient, and is often defined in part with concepts of both patriarchy and birth order. For example, "[t]hroughout the Bible the concept of a birthright is absolutely intertwined with the firstborn. That is, the firstborn inherits the birthright and has expectations of primogeniture", which historically referred to the right, by law or custom, of the firstborn legitimate child to inherit the parent's entire or main estate in preference to shared inheritance among all or some children, any illegitimate child or any collateral relative. In the seventeenth century, English activist John Lilburne used the term with respect to the rights of Englishmen "to connote all that is due to a citizen" of England, which "is claimed from English law to higher authorities". The term was similarly popularized in India by self-rule advocate Bal Gangadhar Tilak in the 1890s, when Tilak adopted the slogan coined by his associate Kaka Baptista: "Swaraj (self-rule) is my birthright and I shall have it." The term then "attained the status of a political slogan".

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Jus soli in the context of Peruvian nationality law

Peruvian nationality law is regulated by the 1993 Constitution of Peru, the Nationality Law 26574 of 1996, and the Supreme Decree 010-2002-IN, which regulates the implementation of Law 26574. These laws determine who is, or is eligible to be, a citizen of Peru. The legal means to acquire nationality, formal membership in a nation, differ from the relationship of rights and obligations between a national and the nation, known as citizenship. Peruvian nationality is typically obtained either on the principle of jus soli, i.e. by birth in Peru; or under the rules of jus sanguinis, i.e. by birth abroad to at least one parent with Peruvian nationality. It can also be granted to a permanent resident, who has lived in Peru for a given period of time, through naturalization.

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Jus soli in the context of Natural-born-citizen clause

A natural-born-citizen clause is a provision in some constitutions that certain officers, usually the head of state, must be "natural-born" citizens of that state, but there is no universally accepted meaning for the term natural-born. The constitutions of a number of countries contain such a clause but may define or interpret the term natural-born citizen differently. Many countries specify citizenship since birth as a requirement to hold certain offices. This is often described using the natural born phraseology and sometimes further qualified as requiring physical birth within the country's territory (jus soli) and/or requiring that one or both natural parents be a citizen of the country at the time of birth (jus sanguinis).

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Jus soli in the context of United States nationality law

United States nationality law details the conditions in which a person holds United States nationality. In the United States, nationality is typically obtained through provisions in the U.S. Constitution, various laws, and international agreements. Citizenship is established as a right under the Constitution, not as a privilege, for those born in the United States under its jurisdiction and those who have been "naturalized". While the words citizen and national are sometimes used interchangeably, national is a broader legal term, such that a person can be a national but not a citizen, while citizen is reserved to nationals who have the status of citizenship.

Individuals born in any of the 50 U.S. states, the District of Columbia or almost any inhabited territory are United States citizens (and nationals) by birthright. The sole exception is American Samoa, where individuals are typically non-citizen U.S. nationals at birth. Additionally, individuals born from foreign diplomats working in the United States are neither citizens nor nationals. Foreign nationals living in any state or qualified territory may naturalize after going through the legal process of qualifying as permanent residents and meeting a residence requirement (normally five years).

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