Skip to content
Citizenship defines the legal relationship between a person and a state, shaping key rights, responsibilities, and national identity. While many people acquire citizenship later through naturalization, most citizenship systems start with the rules that determine who is a citizen at birth. These rules are often described through the framework of jus soli vs jus sanguinis, the two main principles behind global nationality laws.
Jus Soli means the “right of soil,” granting citizenship based on where someone is born. Jus Sanguinis means the “right of blood,” granting citizenship based on the nationality of one or both parents. Together, these principles explain why citizenship in some countries depends on birthplace, while in others it depends on lineage.
In this blog, you will learn how each system works, why countries choose one approach over the other, and how modern governments often combine both to shape today’s citizenship laws.
Table of Contents
Jus Soli: The Right of Soil
Jus Soli, Latin for “right of the soil,” is the principle that a person’s citizenship is determined by their place of birth, not by the nationality of their parents. In other words, anyone born in the territory of a Jus Soli country automatically acquires its nationality.
This concept originated in English common law, where allegiance was historically tied to the land ruled by the Crown. Over time, it evolved into what is often called birthright citizenship. This means citizenship is granted at birth simply because of where a person is born.
Unrestricted Jus Soli (The Americas Model)
In its purest form, unrestricted Jus Soli guarantees automatic citizenship to almost everyone born on a country’s soil, regardless of their parents’ nationality or immigration status. This approach is most common across the Americas, where it has been adopted as a way to promote inclusivity and ensure clear nationality from birth.
Key examples of countries with unrestricted Jus Soli include:
- United States
- Canada
- Brazil
- Mexico
- Argentina
In these nations, being born within the territory is generally enough to qualify for citizenship. For this reason, Jus Soli citizenship is one of the most straightforward nationality laws in the world.
One of the main advantages of Jus Soli is that it serves as a safeguard against statelessness. Children born to parents who cannot pass on their nationality (whether due to legal, political, or personal circumstances) still receive citizenship from the country of their birth. This ensures that everyone has a recognized nationality from birth, a key principle in international human rights law.
Jus Sanguinis: The Right of Blood (The Law of Blood)
Jus Sanguinis, Latin for “right of blood,” is the principle that citizenship is inherited through one or both parents, regardless of where the child is born. Under this rule, nationality is determined by lineage rather than birthplace.
This concept has deep roots in continental European law, particularly in the French Civil Code, which formally codified nationality based on descent. As a result, Jus Sanguinis is often referred to as the “law of blood”. This emphasizes that citizenship passes through family ties as opposed to territorial birth.
Common Application (European Model)
The Jus Sanguinis model dominates most of the world outside the Americas, particularly across Europe, Asia, and Africa. Many countries view citizenship as an extension of national identity and cultural continuity. They believe that these values are best maintained through ancestry rather than geography.
Examples of countries applying Jus Sanguinis include:
- Italy: Grants citizenship automatically to children born to at least one Italian parent, even if born abroad.
- Greece: Follows the same principle as Italy, allowing citizenship to be passed down through Greek lineage.
- Japan, Germany, and Poland also apply variations of this ancestry-based approach.
In these nations, birth within the territory does not automatically confer nationality unless at least one parent is a citizen or legal resident under specific conditions.
Claiming Citizenship by Descent
One of the most practical aspects of Jus Sanguinis is the ability to claim citizenship by descent. Many countries extend this right to second or even third-generation descendants of nationals who emigrated abroad.
For instance, in relation to applying for Italian Citizenship via the Jus Sanguinis pathway. Descendants of Italian citizens, even generations removed, can reclaim Italian nationality if they can document an unbroken ancestral line. Similarly, Greece, Ireland, and Portugal offer comparable citizenship-by-descent pathways for individuals with ancestral ties.
In this way, Jus Sanguinis provides a legal bridge connecting people worldwide to their ancestral homeland, culture, and EU citizenship rights.
The Mixed Approach: Conditional Jus Soli
While Jus Soli and Jus Sanguinis are often discussed as opposing concepts, in practice, most modern countries apply a hybrid or conditional version of the “right of soil.” This mixed approach balances the inclusiveness of birthright citizenship with the need to regulate nationality in the context of migration and residence.
Why Conditional Jus Soli Exists
Many nations have adopted Conditional Jus Soli. This ensures that children born on their territory are not left stateless and maintains a connection between citizenship and long-term residence. This model helps protect the rights of children born to foreign residents without granting automatic citizenship in all cases.
Key Conditions for Citizenship by Birth
Under Conditional Jus Soli, a child born in a country may acquire citizenship at birth only if at least one parent meets specific legal or residency requirements. These include:
- Holding permanent residency or long-term residence status.
- Having legally resided in the country for a defined period (often between 3 and 10 years).
- Having been born in the country themselves, in what’s known as “double jus soli.”
- For example, in Spain and France, a child born in the country to a parent who was also born there can obtain citizenship more easily. In Spain’s case, this typically transitions into citizenship through residence after one year of legal residence, rather than citizenship by origin.
Examples of Mixed Systems
Several European countries apply variations of this conditional model, including:
- France – grants citizenship at birth if at least one parent was also born in France or if the child resides there for several years.
- Portugal – allows children born in the country to foreign parents to acquire citizenship if one parent has lived there legally for at least one year.
- Germany – confers citizenship at birth if at least one parent has legally resided in the country for eight years and holds permanent residency.
This blended approach blends national identity and inclusivity while recognizing the realities of global migration and upholding a meaningful connection between the citizen and the state.
Jus Soli vs Jus Sanguinis: Comparison Summary
To understand how these two principles shape citizenship laws around the world, we have created a direct comparison between jus soli vs jus sanguinis in the table below. While Jus Soli emphasizes the place of birth, Jus Sanguinis focuses on parental nationality. Each reflects different historical traditions and policy priorities. One is rooted in territorial inclusion, the other in lineage and national identity.
| Feature | Jus Soli | Jus Sanguinis |
| Meaning | Right of the Soil | Right of Blood (Law of Blood) |
| Basis | Place of Birth | Parentage / Descent |
| Origin | English Common Law | French Civil Code |
| Primary Region | The Americas | Europe and Asia |
| Citizenship at Birth | Automatically granted if born in the country (in unrestricted systems) | Granted if one or both parents are citizens, regardless of birthplace |
| Key Example Countries | United States, Canada, Brazil | Italy, Greece, Japan |
| Main Advantage | Prevents statelessness and promotes social inclusion | Maintains cultural and national continuity |
| Common Modern Variation | Conditional Jus Soli (birth + residency link) | Citizenship by Descent (claim through parents or ancestors) |
Together, these frameworks form the foundation of nationality law across the globe, and many modern systems now combine elements of both to reflect today’s interconnected world.
Frequently Asked Questions About Jus Soli vs Jus Sanguinis
What is the difference between Jus Soli and birthright citizenship?
There is no real difference. Birthright citizenship is simply the modern term for Jus Soli, meaning citizenship is automatically granted to those born on a country’s territory.
Does the United States follow Jus Soli or Jus Sanguinis?
The United States applies both principles. It grants automatic Jus Soli citizenship to anyone born on U.S. soil (with limited exceptions) and also recognizes Jus Sanguinis for children born abroad to American parents.
Which system is more common globally?
Most countries use a mixed system that combines both principles, though Jus Sanguinis remains the dominant basis for nationality worldwide.
Which countries in Europe have each path?
Most European nations rely primarily on Jus Sanguinis, including Italy, Germany, and Greece. However, several (such as France, Portugal, and Spain) have introduced conditional Jus Soli provisions, granting citizenship at birth only when certain residency or parental requirements are met.
Need Help Applying for Citizenship?
Understanding the distinction between Jus Soli vs Jus Sanguinis is essential for anyone exploring nationality, citizenship by descent, or dual citizenship opportunities. While Jus Soli grants citizenship based on birthplace, Jus Sanguinis connects citizenship to lineage and heritage.
In today’s globalized world, most countries blend both systems to balance inclusivity with the preservation of national identity. Whether your goal is to secure citizenship through ancestry or birth, knowing how these principles apply can help you determine your eligibility and next steps.
Are you planning on claiming citizenship by descent or exploring dual nationality options? Fill out the form below, and Lexidy’s expert legal team will be delighted to help you navigate the process with clarity and precision.