Right of the ground

The right of the ground (or juice soli in its version Latin E) is the rule of Droit granting the Nationalité to all Natural person born on the Territoire Nation Al, independently of nationality of its relative S.

This concept is opposed to that Droit of the blood according to which nationality is granted to the newborns of parents having themselves nationality concerned. However, one does not exclude the other. For example the French nationality can be obtained by one or the other of these rights. According to the countries, nationality can be also obtained after the birth by a procedure of Naturalization.

In 2006, the following countries apply the right of the ground (in a more or less systematic way):

  • a certain number of American countries (Argentinian, Brazil, Canada, Colombia, the United States, Jamaica, Mexico, Uruguay) apply the right of the ground in a strict way
  • In France, the right of the ground, introduced as of 1515, remains a conditional right: it grants full French nationality to any newborn in France reaching his civil Majorité subject to have lived in a durable way on the French territory.

    See also: French nationality

  • Germany: Since 2000, a right of the ground was introduced into the code of nationality. Provided their parents lived in a durable way on the German territory, the German right grants to the children immigrants German nationality (other than any other nationality) * the United Kingdom: The right of the ground is conditioned to the fact that the parents hold a permanent residence permit (cf the article of the anglophone wikipedia)

The majority of the other European countries do not apply the right of the ground. To note nevertheless that in August 2006, the Italian government of Romano Prodi proposed a reform of the Code of nationality introducing a right of the ground into the law following the massive regularization of 350.000 clandestine immigrants.

The Suisse does not apply the right of the ground.

The Japan is traditionally attached to a Droit of blood but introduced a complex form of right of the ground.

See too

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