Please clarify : is location the issue, or is "illegal act" (maybe rape etc) the issue ?
Illegal act, specifically the act of being in the country illegally.
The first three countries I came across as I googled, Sweden, Switzerland, and Sri Lanka, do not grant citizenship based on turf.
switzerland.isyours.com
immigration.gov.lk
migrationsverket.se
As do most nations around the world. We are not unique in this regard. I believe the logic goes along the lines of "do not make a child pay for the parents faults. A child born in a country has a birthright to be a citizen of that country".
Jus sanguinis
From Wikipedia, the free encyclopedia.
Jus sanguinis (Latin for "right of blood") is a right by which nationality or citizenship can be recognised to any individual born to a parent who is a national or citizen of that state. It contrasts with jus soli (latin for "right of soil").
Usually a practical regulation of the acquisition of nationality or citizenship of a state by birth to a parent who is already a citizen of the state is provided by a derivative law called lex sanguinis. Most states provide a specific lex sanguinis, in application of the respective jus sanguinis, but citizenship is not normally automatically inherited. This is to avoid the creation of generations of overseas citizens with no real connection with the state, but still being able to claim rights such as immigration and protection from that state.
In many European countries, lex sanguinis still is the preferred means of passing on citizenship. This has been criticised on the grounds that, if the only means, it can lead to generations of people living their whole lives in the state without being citizens of it. More recently these countries have begun to move more towards use of lex soli, partially under the influence of the European Convention on Nationality. In most cases birth in the country plus the citizenship of at least one parent is sufficient.
Many states have a mixture of lex sanguinis and lex soli, including the United States, Canada, Israel, Germany, Greece, Britain, Ireland, and others.
en.wikipedia.org
Jus soli
From Wikipedia, the free encyclopedia.
Jus soli (Latin for "right of the territory") is a right by which nationality or citizenship can be recognised to any individual born in the territory of the related state. It contrasts with jus sanguinis ("right of blood").
Usually a practical regulation of the acquisition of nationality or citizenship of a state by birth on the territory of the state is provided by a derivative law called lex soli. Most states provide a specific lex soli, in application of the respective jus soli, and it is the most common means of acquiring nationality.
A frequent exception to lex soli is opposed when a child was born to a parent in the diplomatic or consular service of another state, on a mission to the state in question.
However, increasingly countries are restricting lex soli by requiring that at least one of the child's parents be a national of the state in question at the child's birth, or a legal permanent resident of the territory of the state in question at the child's birth, or that the child be a foundling found on the territory of the state in question. The primary reason for imposing this requirement is to limit or prevent people from travelling to a country with the specific intent of gaining citizenship for a child.
Sometimes, a country which extends jus soli will ignore it in the case of the child of a parent who is later deported. For example, there are several cases of deportation from Canada which have been bitterly contested because they involve a mother who has given birth in Canada and whose child is therefore a Canadian citizen. The government must then either separate the mother and her child upon deporting her, or else deport a Canadian citizen to a foreign country.
en.wikipedia.org |
