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[[File:Wap-wordimg.jpg|缩略图|属地主义(Jus soli,即土地衍生的权利):又称'''出生地主义''',属地主义又被称为出生地主义,即无论父母是哪国人,只要出生在该国的领土内,即自动获得该国国籍]] '''属地主义'''(Jus soli,即土地衍生的权利),又称'''出生地主义''',属地主义又被称为出生地主义,即无论父母是哪国人,只要出生在该国的领土内,即自动获得该国国籍<ref>[http://fangtan.china.com.cn/2012-02/07/content_24572763.htm|title=香港移民背后的属地原则]_中国访谈_中国网|accessdate=2018-05-30|work=fangtan.china.com.cn</ref>。亚欧非及大洋洲的绝大多数国家对出生人口都奉以基于血缘关系的[[属人主义]]原则或者限定特定移民的属地主义原则但会允许特殊状况下,例如父母[[无国籍]]或国籍不明时准用属地主义。 == 属地主义为主的国家和地区 == *[[加拿大]]、[[美国]]、[[英国]]、[[巴西]]、[[阿根廷]]、[[格瑞那达]]、[[尚比亚]]、[[坦尚尼亚]]、[[巴基斯坦]]、[[斐济]]、[[孟加拉]]、[[香港]]等。 === 无限制 === * flag|Antigua and Barbuda|name: Guaranteed by the Constitution.<ref name="Culliton-Gonzalez">Katherine Culliton-Gonzalez, [http://harvardhrj.com/wp-content/uploads/2009/09/Culliton-Gonzalez.pdf Born in the Americas: Birthright Citizenship and Human Rights], ''Harvard Human Rights Journal'' (2012), Vol. 25, pp. 135–36.</ref><ref>[ http://www.ab.gov.ag/pdf/ab_constitution.pdf Constitution of Antigua and Barbuda: CHAPTER VIII CITIZENSHIP | PERSONS WHO AUTOMATICALLY BECOME CITIZENS AFTER COMMENCEMENT OF THIS CONSTITUTION | Section 113] ''The following persons shall become citizens at the date of their birth on or after 1st November 1981– a. every person born in Antigua and Barbuda: Provided that a person shall not become a citizen by virtue of this paragraph if at the time of his birth- i. neither of his parents is a citizen and either of them possess such immunity from suit and legal process as is accorded to the envoy of a foreign sovereign power accredited to Antigua and Barbuda; or ii. either of his parents is a citizen of a country with which Her Majesty is at war and the birth occurs in a place then under occupation by that country.''</ref> * flagicon|Argentina [[Argentine nationality law|Argentina]] * flagicon|Barbados[[Barbados nationality law|Barbados]]: Guaranteed by the Constitution.<ref> [http://www.barbados.org/constitution.htm Constitution of Barbados: CHAPTER II CITIZENSHIP Persons born in Barbados after 29 November 1966: Section 4:] ''Every person born in Barbados after 29th November 1966 shall become a citizen of Barbados at the date of his birth: Provided that a person shall not become a citizen of Barbados by virtue of this section if at the time of his birth – a. his father possesses such immunity from suit and legal process as is accorded to an envoy of a foreign sovereign state accredited to Her Majesty in right of Her Government in Barbados and neither of his parents is a citizen of Barbados; or b. his father is an enemy alien and the birth occurs in a place then under occupation by the enemy.''</ref> However, the [[Barbados Ministry of Labour & Immigration]] recently proposed ending automatic birthright citizenship.<ref>cite http://www.foreign.gov.bb/Userfiles/File/IMMIGRATION%20POLICIES.pdf |format=PDF|title=It is the Department's view that the legislation should be amended to stipulate that (as in the United Kingdom and the Bahamas) children born in Barbados will not be deemed to be citizens of Barbados, unless at least one parent at the time of the birth, has permanent status in Barbados. In addition persons born in Barbados should not be deemed to be citizens where the parents are residing illegally in Barbados.|website=Foreign.gov.bb|accessdate=23 February 2017</ref> * flag|Belize|name<ref> [http://pdba.georgetown.edu/Constitutions/Belize/belize81.html Constitution of Belize: PART III Citizenship, section 24] ''"24. Every person born in Belize on or after Independence Day shall become a citizen of Belize at the date of his birth: Provided that a person shall not become a citizen of Belize by virtue of this section if at the time of his birth- his father or mother is a citizen of a country with which Belize is at war and the birth occurs in a place then under occupation by that country"''</ref> * flag|Bolivia|name * flagicon|Brazil [[Brazilian nationality law|Brazil]]<ref name="Culliton-Gonzalez"/><ref>Article 12a of the Federal Constitution (translated) says that Brazilians include, "a) those born in the Federative Republic of Brazil, even if of foreign parents, provided they are not in the service of your country". cite http://gabrielbaracho.jusbrasil.com.br/artigos/177762456/neoconstitucionalismo-analise-historica|title=Neoconstitucionalismo – Análise histórica|work=JusBrasil|quote=a) os nascidos na República Federativa do Brasil, ainda que de pais estrangeiros, desde que estes não estejam a serviço de seu paí</ref> (requires that the foreign parents are not working for their country's government in Brazil by the time the child is born). * flag|Canada|name: Subsection 3(2) of the Act states that Canadian citizenship by birth in Canada is not granted to a child born in Canada if neither parent was a Canadian citizen or permanent resident and either parent was a diplomat, in service to a diplomat, or employed by an international agency of equal status to a diplomat. However, if neither parents were diplomats, the nationality or immigration status of the parents do not matter.<ref>cite http://www.americanlaw.com/cdncitborn.html |title=Immigration Status of Parents|website=americanlaw.com</ref> Some Conservative Party members wish to end birthright citizenship in Canada to the children of tourists and unauthorized immigrants.<ref>cite news| https://globalnews.ca/news/4411137/birth-tourism-canada/ |title=Conservatives want to end 'birth tourism' in Canada – but what exactly is the contested issue? |first=Katie |last=Dangerfield |date=August 27, 2018 |work=Global News</ref> * flagicon|Chad [[Chad]]<ref>[http://citizenshiprightsafrica.org/wp-content/uploads/2016/01/Chad_Ordonnance_portant_code_de_la_nationalite_Tchadienne_33-PG.-INT_14-Aug-62.pdf CODE DE LA NATIONALITE – ORDONNANCE No. 33/PG.-INT. – DU 14 AOUT 1962 – PORTANT CODE DE LA NATIONALITE TCHADIENNE] "de la nationalité d'origine – CHAPITRE II – Art. 12 – Sont Tchadiens: Les enfants nés au Tchad de parents étrangers ; toutefois, ils peuvent, si les deux ascendants ont la même nationalité, opter pour cette nationalité ; ce droit d'option ne peut s'exercer que si la législation du pays dont les ascendants sont nationaux le permet." (Translation: "Chadian citizens include: Children born in Chad of foreign parents; however if both parents have the same nationality, they (the children) can opt for the parents' nationality, if the legislation of their parents' country permits it.")</ref><ref name="Manby">cite book | last=Manby | first=B. | title=Citizenship Law in Africa: A Comparative Study | publisher=Open Society Foundations | year=2012 | isbn=978-1-936133-29-1 | url=https://books.google.com/books?id=xKhONykaQKYC&pg=PA46 | accessdate=13 February 2018 | page=36</ref> (The choice to take Chadian citizenship, or that of the parents is made at 18 years of age.)<ref> [http://citizenshiprightsafrica.org/wp-content/uploads/2016/01/Chad_Ordonnance_portant_code_de_la_nationalite_Tchadienne_33-PG.-INT_14-Aug-62.pdf CODE DE LA NATIONALITE – ORDONNANCE No. 33/PG.-INT. – DU 14 AOUT 1962 – PORTANT CODE DE LA NATIONALITE TCHADIENNE] "de la nationalité d'origine – CHAPITRE II – Art. 13 – L'option prévue aux articles 11 et 12 s'exerce à l'âge de dix-huit ans révolus. Toutefois, lorsque cette option est motivée par une reconnaissance postérieure à la majorité, l'intéressé doit l'exercer dans le délai d'un an qui suit la reconnaissance." (Translation: "The options presented in articles 11 and 12 deploy themselves at 18 years of age. However, if an individual recognizes their ability to follow these options after majority has been reached, a delay of 1 year must take place from the recognition before the options can be pursued.")</ref> * flagicon|Chile [[Chilean nationality law|Chile]]<ref name="Culliton-Gonzalez"/><ref>Constitution of the Republic of Chile, chap. II, art. 10, par. 1 ([http://pdba.georgetown.edu/Constitutions/Chile/chile05.html Spanish text]; [http://confinder.richmond.edu/admin/docs/Chile.pdf English version] without recent changes) Article 10.- ''Chileans are: 1.- Persons born in the territory of Chile, with the exception of those children of foreigners who are in Chile serving their government, as well as those children of transient foreigners. However, all may opt for the Chilean nationality.''</ref> * flag|Costa Rica|name<ref>[http://www.costaricalaw.com/legalnet/constitutional_law/engtit2.html The Constitution of Costa Rica: Title II ARTICLE 13:] ''The following are Costa Ricans by birth: ...2. A child born abroad to a born Costa Rican father or mother, who is registered as such in the Civil Register by the will of the Costa Rican parent during its minority, or by his own will up to the age of twenty-five..."''</ref> (Jus sangui requires registration with the Costa Rican government before the age of twenty-five) * flag|Dominica|name<ref>[http://pdba.georgetown.edu/Constitutions/Dominica/constitution.pdf The Constitution of the Commonwealth of Dominica Chapter VII Citizenship 98] ''"Every person born in Dominica after the commencement of this Constitution shall become a citizen of Dominica at the date of his birth: Provided that a person shall not become a citizen of Dominica by virtue of this section if at the time of his birth- a) neither of his parents is a citizen of Dominica and his father possesses such immunity from suit and legal process as is accorded to the enjoyment of a foreign sovereign power accredited to Dominica; or b) his father is a citizen of a country with which Dominica is at war and the birth occurs in a place then under occupation by that country."''</ref> * flag|Ecuador|name * flag|El Salvador|name * flag|Fiji|name<ref> [http://www.servat.unibe.ch/icl/fj00000_.html Fiji Constitution: chapter 3, Section 10 Citizenship by birth:] ''Every child born in Fiji on or after the date of commencement of this Constitution becomes a citizen at the date of birth unless, at the date of birth: (a) a parent of the child has the diplomatic immunity accorded to envoys of foreign sovereign powers accredited to Fiji; and (b) neither parent is a citizen.''</ref> * flag|Grenada|name * flag|Guatemala|name * flag|Guyana|name * flag|Honduras|name * flag|Jamaica|name<ref>[http://pdba.georgetown.edu/constitutions/jamaica/jam62.html Constitution of Jamaica Chapter II Citizenship 3B.-(1):] ''Every person born in Jamaica shall become a citizen of Jamaica – a. on the sixth day of August 1962, in the case of a person born before that date; b. on the date of his birth, in the case of a person born on or after the sixth day of August 1962.''</ref> * flag|Lesotho|name<ref>[http://library2.parliament.go.th/giventake/content_cons/lesotho.pdf The Constitution of Lesotho], chap. IV, sec. 38 | '''CHAPTER IV CITIZENSHIP: 38. Persons born in Lesotho after the coming into operation of the Constitution'''</ref> * flagicon|Mexico [[Mexican nationality law|Mexico]]<ref>[http://www.ordenjuridico.gob.mx/Constitucion/articulos/30.pdf CONSTITUCIÓN POLÍTICA DE LOS ESTADOS UNIDOS MEXICANOS – Constitución publicada en el Diario Oficial de la federación el 5 de febrero de 1917 – TEXTO VIGENTE – Última reforma publicada DOF 07-07-2014] ''Capítulo II De los Mexicanos – Artículo 30. La nacionalidad mexicana se adquiere por nacimiento o por naturalización A) Son mexicanos por nacimiento: I. Los que nazcan en territorio de la República, sea cual fuere la nacionalidad de sus padres.'' (Translation: "Mexicans by birth are: I. Those born in the territory of the Republic, regardless of the nationality of their parents")</ref> * flag|Nicaragua|name * flagicon|Pakistan [[Pakistani nationality law|Pakistan]]<ref>Faryal Nazir, Section 3.1.1 in [http://cadmus.eui.eu/bitstream/handle/1814/44544/EudoCit_2016_13Pakistan.pdf?sequence=1 Report on Citizenship Law: Pakistan], Robert Schuman Centre for Advanced Studies, European University Institute (December 2016): "Jus soli or citizenship by birth is recognized in the Act (Section 3 and 4). At the time of commencement of the Act, a person born in Pakistan could claim nationality if he was residing in Pakistan. Every person born in Pakistan after the commencement of this Act is deemed to be citizen of Pakistan by birth. The law denies citizenship to a person born in the country, if his father enjoys diplomatic immunity in Pakistan or if his father was an enemy or alien in Pakistan. Therefore, the children born to aliens in Pakistan are not accorded the privilege of citizenship."</ref><ref> [http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?docid=3ae6b4ffa UN Refugee Agency: Pakistan Citizenship Act, 1951 Section 4. Citizenship by birth:] ''Every person born in Pakistan after the commencement of this Act shall be a citizen of Pakistan by birth.''</ref> * flag|Panama|name<ref name="Culliton-Gonzalez"/><ref> [http://pdba.georgetown.edu/Constitutions/Panama/panama1972.html CONSTITUCIÓN POLÍTICA DE LA REPÚBLICA DE PANAMÁ DE 1972, REFORMADA POR LOS ACTOS REFORMATORIOS DE 1978, Y POR EL ACTO CONSTITUCIONAL DE 1983 – TITULO II: NACIONALIDAD Y EXTRANJERIA: ARTICULO 8. La nacionalidad panameña se adquiere por el nacimiento, por la naturalización o por disposición constitucional – ARTICULO 9:] ''"Son Panameños por nacimientos: 1) Los nacidos en el territorio nacional | (translation) Panamanians by Birth: 1) Those born in the national territory"''</ref> * flagicon|Paraguay [[Paraguayan nationality law|Paraguay]] * flagicon|Peru [[Peruvian nationality law|Peru]] (registration required at 18 years of age) * flag|Saint Kitts and Nevis|name * flag|Saint Lucia|name * flag|Saint Vincent and the Grenadines|name * flag|Tanzania|name<ref name="Manby"/>: Per the [[Tanzanian nationality law#Citizenship by birth|Tanzania Citizenship Act of 1995]], "any child born within the borders of the United Republic of Tanzania, on or after Union Day, 26 April 1964, is granted citizenship of Tanzania, except for children of foreign diplomats."<ref name=Refworld>cite web|author=United Nations High Commissioner for Refugees | http://www.refworld.org/docid/3ae6b5734.html |title=Tanzania Citizenship Act, 1995 |publisher=Refworld |date= |accessdate=2013-09-06</ref> * flag|Trinidad and Tobago|name}}<ref name=Culliton-Gonzalez/><ref>[[s:Constitution of the Republic of Trinidad and Tobago/Chapter 2]]</ref> * flag|Tuvalu|name<ref>[http://www.tuvaluislands.com/const_tuvalu.htm Constitution of Tuvalu Part III Section 45. Citizenship by birth:] ''(1) Subject to subsections (3) and (4), a person born in Tuvalu on or after the date on which this Constitution took effect is a citizen of Tuvalu by birth." Note: section 3 pertains to children of foreign diplomats and section 4 pertains to children of belligerants at times of war''</ref> * flagicon|USA [[Birthright citizenship in the United States of America|United States]]: The [[Fourteenth Amendment to the United States Constitution|14th Amendment]] to the [[United States Constitution]] provides that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside".<ref>cite https://www.archives.gov/exhibits/charters/constitution_amendments_11-27.html |title=America's Founding Documents | National Archives |website=Archives.gov |date=12 October 2016 |accessdate=23 February 2017</ref> The phrase "subject to the jurisdiction thereof" excludes children born to foreign diplomats and children born to enemy forces engaged in hostile occupation of the country's territory.<ref>''[[United States v. Wong Kim Ark]] ''ussc|169|649|1898; cite news| http://www.scsun-news.com/ci_13217786|title=Letters: U.S. citizenship|date=27 August 2009|accessdate=6 September 2009|publisher=Silver City Sun-News|author=Ryan, John M.</ref> The concept of birthright citizenship applying to the child born of a foreign national in the country without proper credentials has never been formally litigated. However, it was briefly discussed in the dissenting opinion of ''[[United States v. Wong Kim Ark]]'', 169 U.S. 649 (1898).<ref>Cite https://www.law.cornell.edu/supremecourt/text/169/649#writing-USSC_CR_0169_0649_ZD|title=United States v. Wong Kim Ark|website=LII / Legal Information Institute|language=en|access-date=2018-10-31</ref><ref>cite book |last1=Harrington |first1=Ben |title=The Citizenship Clause and "Birthright Citizenship": A Brief Legal Overview |date=November 1, 2018 |publisher=Congressional Research Service |location=Washington, DC https://fas.org/sgp/crs/misc/LSB10214.pdf</ref> President Donald Trump wishes to end birthright citizenship in the United States to the children of unauthorized immigrants, claiming they are not subject to the jurisdiction of the United States.<ref>cite https://www.nbcnews.com/politics/donald-trump/trump-s-birthright-plan-vs-u-s-constitution-here-s-n926501 |title=Trump's birthright plan vs. the U.S. Constitution: Here's who wins|website=nbcnews.com</ref> * flagicon|Uruguay [[Uruguayan nationality law|Uruguay]]<ref name="Culliton-Gonzalez"/><ref> [http://www.refworld.org/docid/5122271f2.html Uruguay: Whether a person who obtained Uruguan citizenship because her father was a citizen of Uruguay, can bring a dependent child to Uruguay; the status of the child in Uruguay], Immigration and Refugee Board of Canada (9 September 2010): "With respect to natural citizens, Uruguay's Constitution states: '[a]ll men and women born at any place within the territory of the Republic are natural citizens. Children of Uruguayan fathers or mothers are also natural citizens, wherever they may have been born, provided that they take up residence in the country and register themselves in the Civil Register.' (Uruguay 1996, Art. 74)"</ref> * flag|Venezuela|name<ref name="Culliton-Gonzalez"/><ref>[http://www.venezuelaemb.or.kr/english/ConstitutionoftheBolivarianingles.pdf Constitution of Venezuela (English translation) Chapter II, Nationality and Citizenship, Section One: Nationality, Article 32:] ''Are Venezuelans* by birth: (1) Any person who was born within the territory of the Republic.''</ref> === 有限制 === 有些会限制某些国家的一种限制会要求孩子的父母中至少一个在孩子出生的时间在有关国家的公民,国民或合法永久居民,才可适用。 * flag|Australia|name: 自1986年8月20日起,出生在澳大利亚的人只有在至少有一位父母是澳大利亚公民或永久居民的情况下才能通过出生获得澳大利亚公民身份; 或者在澳大利亚生活的前十年之后,无论其父母的公民身份如何 (see [[Australian nationality law]]). * Flag|Bahrain: Children born to a foreign father with valid residency permits who himself was born in Bahrain have right to citizenship.<ref>cite web|url = http://www.refworld.org/pdfid/3fb9f34f4.pdf|title = Part one of Bahraini citizenship|date = |accessdate = 12 March 2015|website = Ref world|publisher = |last = |first = </ref> * flag|Cambodia|name: In 1996, Cambodia changed the law to only grant citizenship to children born to foreign parents living legally in the Kingdom of Cambodia (under Article 4(2)(a) of the 1996 Nationality Law).<ref> [http://www.unhcr.org/refworld/country,,NATLEGBOD,,KHM,,3ae6b5210,0.html title Law on Nationality of 20 August 1996 (unofficial translation)published by the United Nations High Commission for Refugees] CHAPTER II KHMER NATIONALITY/CITIZENSHIP BY BIRTH ''...shall obtain Khmer nationality/citizenship, by having been born in the Kingdom of Cambodia: a. any child who is born from a foreign mother and father (parents) who were born and living legally in the Kingdom of Cambodia.''</ref> * flag|Colombia|name: A child born in Colombia is a citizen when one of the parents is a Colombian citizen or legal resident. * flag|Dominican Republic|name: [[Constitution of the Dominican Republic|The constitution]] was amended on 26 January 2010. The amendment broadened the definition of the 2004 migration law – which excluded from citizenship children born to individuals that were "in transit" – to include "non-residents" (including individuals with expired residency visas and undocumented workers).<ref>cite |author= http://hrbrief.org/2010/10/the-constitution-and-the-right-to-nationality-in-the-dominican-republic/ |title=The Constitution and the Right to Nationality in the Dominican Republic – Human Rights Brief Human Rights Brief |website=Hrbrief.org |date=29 October 2010 |accessdate=23 February 2017</ref><ref>cite http://www.opensocietyfoundations.org/sites/default/files/Dominican-Republic-Nationality-Report-ENG-20110805.pdf|website=Soros.org|format=PDF|title=A Crisis of Nationality: Dominicans of Haitian Descent|date=October 2013|accessdate=23 February 2017</ref><ref>cite news| http://www.huffingtonpost.com/2013/09/27/dominican-republic-citize_n_4002844.html|deadurl=yes|archive- https://web.archive.org/web/20131114231248/ http://www.huffingtonpost.com/2013/09/27/dominican-republic-citize_n_4002844.html?utm_hp_ref=mostpopular|archive-date=14 November 2013|work=Huffington Post|title=Dominican Republic To End Citizenship Of Those Whose Parents Entered Illegally|author1=Ezequiel Abiu Lopez|author2=Danica Coto|date=27 September 2013</ref><ref>cite news https://www.economist.com/news/americas/21591203-and-no-agreement-how-many-have-been-cut-citizenship-storm-Hispaniola|work=The Economist|title=A storm in Hispaniola|date=7 December 2013</ref><ref>cite http://issuu.com/publicacionesjce/docs/inventario_extranjeros_registro_civ |title=Inventario extranjeros Registro Civil RD 1929 – 2007 by Junta Central Electoral (JCE) |website=Issuu.com |date=7 November 2013 |accessdate=23 February 2017}}</ref><ref>cite http://www.domrep.org/letter.html |title=immigrationplan |website=Domrep.org |date= |accessdate=23 February 2017</ref> *flag|Egypt|name: According to Article 4 of nationality law of the Arab Republic of Egypt, persons born in Egypt gain citizenship at birth if the father also was born in Egypt.<ref>cite web|url=https://web.archive.org/web/20140714170734/ http://www.e-lawyerassistance.com/LegislationsPDF/Egypt/nationalitylawar.pdf|title=Wayback Machine|date=14 July 2014|publisher=</ref> * flag|France|name: Children born in France (including overseas territories) to at least one foreign parent who is also born in France automatically acquire French citizenship at birth. Children born to foreign parents may request citizenship depending on their age and length of residence (see [[French nationality law]]). * flag|Germany|name: prior to 2000 Germany had [[German nationality law|its nationality law]] based entirely on ''[[jus sanguinis]]'', but now children born on or after 1 January 2000 to non-ethnic German descent parents acquire German citizenship at birth, if at least one parent has a permanent residence permit (and had this status for at least three years) and the parent was residing in Germany for at least eight years. * flagicon|Greece [[Greek nationality law|Greece]]: Apart from regulations in past and historic nationality laws of Greece granting nationality ''jus soli'',<ref>e.g., child born in Greece to alien parents after coming of age (Nationality law of 1835, Article 2), child born in Greece of unknown father and mother (Greek Civil Law of 1856, Article 14, Paragraph c), child born in Greece and not automatically acquiring another nationality (Greek Nationality Code of 1955, Article 1, Paragraph d)</ref> [[Greek nationality law|Greek Nationality Code]] of 2004 states that "A person born in Greek territory acquires by birth the Greek nationality if not acquiring alien nationality or is of unknown nationality".<ref>cite http://www.et.gr/idocs-nph/search/pdfViewerForm.html?args=5C7QrtC22wGQ_kZuUB4NxXdtvSoClrL8EegH9xtRd-R5MXD0LzQTLWPU9yLzB8V68knBzLCmTXKaO6fpVZ6Lx3UnKl3nP8NxdnJ5r9cmWyJWelDvWS_18kAEhATUkJb0x1LIdQ163nV9K--td6SIuWsLHX0bpf96NtWuRfc9Zq-Rx6Ucr5qB1DD2JpqdvYoP|title=Greek Nationality Code (Law 3284 of 2004)|website=Et.gr|accessdate=23 February 2017</ref> Additionally, as from 2015's amendment of 2004 Cod (Law 4332 of 2015, G.G. A/76/9 July 2015), a child born in Greece by foreign parents, shall acquire the right of Greek nationality with a combination of preliminary school attendance and parents' legal residence in Greece (5 years, 10 if the child is born prior to 5 years of legal residence).<ref>"Article 1 A child of foreigner parents born in Greece acquires the right to Greek nationality under the following preconditions: a) He/she has enrolled in the first grade of elementary school and is still attending Greek school at the time the application-declaration of paragraph 2 is being lodged. b) One of their parents has been living legally and continuously for at least five (5) years in the country before the child was born. In case the child was born before this five year period had been completed, then the necessary period of legal and continuous residence of the parents is extended to ten (10) years." See, [http://www.ypes.gr/UserFiles/24e0c302-6021-4a6b-b7e4-8259e281e5f3/metan-n4332-2015.pdf Law 4332 of 2015]</ref> One year after the implementation of the law (as from July 2016), 6,029 children had been granted Greek nationality, out of 27,720 submitted applications.<ref>cite http://www.hri.org/news/greek/apeen/2016/16-07-04_5.apeen.html#02 |title=Athens Macedonian News Agency: News in English, 16-07-04 |website=Hri.org |date=4 July 2016 |accessdate=23 February 2017</ref> * flagicon|Hong Kong [[香港特别行政区居留权|香港]]: Since the July 1997 [[transfer of sovereignty over Hong Kong]], most political rights and eligibility for most benefits are conferred to permanent residents regardless of citizenship. Conversely, PRC citizens who are not permanent residents (such as residents of [[Mainland China]] and [[Macao]]) are not conferred these rights and privileges. The [[Basic Law of Hong Kong|Basic Law]] provides that all [[People's Republic of China nationality law|citizens]] of the [[People's Republic of China]] (PRC) born in the territory are permanent residents of the territory and have the [[right of abode in Hong Kong]]. The 2001 case ''[[Director of Immigration v. Chong Fung Yuen]]'' clarified that the parents need not have right of abode<ref name="Chen">cite journal http://www.law.ntu.edu.tw/ntulawreview/articles/6-1/09-Article-Albert%20H.%20Y.%20Chen_p269-299.pdf|title=The Rule of Law under 'One Country, Two Systems': The Case of Hong Kong 1997–2010|first=Albert H. Y.|last=Chen|journal=National Taiwan University Law Review|pages=269–299|volume=6|issue=1|year=2011|accessdate=4 October 2011</ref> and as a consequence many women from Mainland China began coming to Hong Kong to give birth. By 2008, the number of babies in the territory born to Mainland China mothers had grown to twenty-five times the number five years prior.<ref>cite news|date=September 2011 |periodical=Hong Kong Monthly Digest of Statistics |title=Babies Born in Hong Kong to Mainland Women http://www.statistics.gov.hk/publication/feature_article/B71109FB2011XXXXB0100.pdf |accessdate=4 October 2011 |deadurl=yes |archiveurl=https://web.archive.org/web/20111125040302/ http://www.statistics.gov.hk/publication/feature_article/B71109FB2011XXXXB0100.pdf |archivedate=25 November 2011 |df=}</ref><ref name="FiveYearsGrowTwentyFiveTimes">cite news|url=http://hm.people.com.cn/BIG5/85423/6976796.html |title=内地来港产子数目5年急增25倍 香港拟收紧综援 |periodical=People's Daily |date=10 March 2008 |accessdate=5 October 2011 |deadurl=yes |archiveurl https://web.archive.org/web/20120118221836/http://hm.people.com.cn/BIG5/85423/6976796.html |archivedate=18 January 2012 |df= </ref> Furthermore, persons of Chinese ethnicity (wholly or partly) born in Hong Kong are PRC citizens with permanent residence, even if their parents are non-PRC citizens (e.g. overseas-born Chinese). Non-PRC citizens born to non-PRC citizen permanent resident parents in Hong Kong also receive permanent residence at birth. Other persons must have "ordinarily resided" in Hong Kong for seven continuous years in order to gain permanent residence (Articles 24(2) and 24(5)).<ref>cite http://www.basiclaw.gov.hk/en/basiclawtext/chapter_3.html |title=Basic Law Full Text – chapter (3) |website=Basiclaw.gov.hk |date= |accessdate=23 February 2017</ref> * flag|Iran|name: Article 976(4) of the Civil Code of Iran grants citizenship at birth to persons born in Iran of foreign parents if one or both of the parents were themselves born in Iran. See [[Iranian nationality law]].<ref>cite http://www.unhcr.org/refworld/country,,NATLEGBOD,,IRN,,3ae6b5a68,0.html|title=Civil Code of Iran (last amended 1985)|publisher=United Nations High Commission for Refugees|accessdate=23 June 2012</ref> * flag|Ireland|name: On 1 January 2005, the law was amended to require that at least one of the parents be an Irish citizen; a British citizen; a resident with a permanent right to reside in Ireland or in Northern Ireland; or a legal resident residing three of the last four years in the country (excluding students and asylum seekers) (see [[Irish nationality law]]). The amendment was prompted by the case of [[Chen v Home Secretary|Man Chen]], a [[China|Chinese]] woman living in mainland [[United Kingdom]] who travelled to [[Belfast]] ([[Northern Ireland]], part of the UK) to give birth in order to benefit from the previous rule whereby anyone born on any part of the [[Ireland|island of Ireland]] was automatically granted Irish citizenship. The Chinese parents used their daughter's Irish (and thereby [[Citizenship of the European Union|European Union]]) citizenship to obtain permanent residence in the UK as parents of a dependent EU citizen. Ireland was the last country in Europe to abolish unrestricted jus soli. *Flag|Luxembourg: A person born in Luxembourg is automatically a [[Luxembourgish nationality law|Luxembourg citizen]] if at least one of their parents was also born in Luxembourg.<ref>Cite https://guichet.public.lu/citoyens/en/citoyennete/nationalite-luxembourgeoise/possession-automatique/effet-loi/index.html|title=Obtaining Luxembourgish nationality by simple operation of law – Citoyens // Luxembourg|website=guichet.public.lu|language=en|access-date=2018-06-11</ref> * flag|Malaysia|name: A person born in Malaysia on or after 16 September 1963 with at least one parent being a Malaysian citizen or permanent resident is automatically a Malaysian citizen (see [[Malaysian nationality law]]). * flag|Morocco|name: A person who was born in Morocco to parents also born in Morocco and whose immigration is legal, can register as a Moroccan two years prior to becoming adult.<ref>cite http://www.service-public.ma/ar/web/guest/home;jsessionid=31E8E3F1814E4188F1BBC1FFD90CDE6B?p_p_id=mmspservicepublicdiffusion_WAR_mmspservicepublicdiffusionportlet&p_p_lifecycle=0&p_p_state=normal&p_p_mode=view&p_p_col_id=column-1&p_p_col_count=1&_mmspservicepublicdiffusion_WAR_mmspservicepublicdiffusionportlet__spage=/portlet_action/procedure/rubrique/view?rubriqueSelected.idRubrique=13591&_mmspservicepublicdiffusion_WAR_mmspservicepublicdiffusionportlet_rubriqueSelected.idRubrique=13591|title=الاستقبال-الأجانب في المغرب-الأجانب المقيمون-اكتساب الجنسية المغربية|website=Service-public.ma|accessdate=23 February 2017</ref> * flag|Namibia|name: A person born in Namibia to a Namibian citizen parent or a foreign parent who is ordinarily resident in Namibia, is a Namibian citizen at birth (see [[Namibian nationality law]]). * flag|New Zealand|name:Since 1 January 2006, a person born in New Zealand acquires New Zealand citizenship by birth only if at least one parent was a New Zealand citizen or permanent resident (includes Australian citizens and Permanent Residents) (see [[New Zealand nationality law]]), or if to prevent being stateless.<ref>cite http://www.visabureau.com/newzealand/news/07-10-2011/1000-kids-face-deportation-or-being-orphaned-for-breaching-new-zealand-visa-rules.aspx |title=1000 kids face deportation or being orphaned for breaching New Zealand visa rules |website=Visabureau.com |date=7 October 2011 |accessdate=23 February 2017</ref> * flag|Portugal|name: A child born in Portuguese territory to who does not possess another nationality is a Portuguese citizen. Also, a person born to foreign parents who were not serving their respective States at the time of birth is a Portuguese citizen if the person declares that they want to be Portuguese and provided that one of the parents has legally resided in Portugal for at least two years at the time of birth.<ref>cite http://eudo-citizenship.eu/admin/?p=file&appl=currentCitizenshipLaws&f=POR%20Law%2037%2081%20as%20consolidated%20by%20Law%202%2006%20%28English%29.pdf |format=PDF |title=Portuguese Nationality Act : Law 37/81, of 3 October : Consolidated version, as amended by Organic Law 2/2006, of 17 April |website=Eudo-citizenship.eu |accessdate=23 February 2017</ref> * flag|South Africa|name: Since 6 October 1995, a person born in South Africa to South African citizens or permanent residents are automatically granted South African citizenship (see [[South African nationality law]]). * flag|Spain|name: A child born in Spain to foreign parents may acquire Spanish citizenship jus soli if either one of the parents was also born in Spain, or neither of the parents can transmit their nationality to the child (including the stateless parents). * flag|Sudan|name: A person born before 1994 gains Sudanese nationality at birth if his father was also born in Sudan. If his father was not born in Sudan, he can apply to the Minister to be granted Sudanese nationality.<ref>cite http://www.refworld.org/pdfid/502cc1b92.pdf |format=PDF |title=The Sudanese Nationality Act 1994 and Sudanese Nationality Act (Amendment) 2011 (English Translation) |website=E-justice.th |accessdate=23 February 2017</ref><ref>cite https://web.archive.org/web/20110621074642/http://www.civil.gov.sd/pages/nat.php|title=خدمات الجنسية|date=21 June 2011|publisher=</ref> * flag|Thailand|name: Thailand operated a system of pure ''jus soli'' prior to 1972. Due to illegal immigration from Burma, the Nationality Act was amended to require that both parents be legally resident and domiciled in Thailand for at least five years for their child to be granted Thai citizenship at birth.<ref>cite web|url= http://www.osg.gov.ph/index.php/component/content/article/36-country/365-thailand|title=Thailand|publisher=Office of the Solicitor General|publication-place=Republic of the Philippines|accessdate=22 June 2012</ref><ref>cite journal|url= http://www.thailawforum.com/articles/Burmese-Migrants-in-Thailand-7.html|first=Bryant|last=Yang|title=Life and Death Away from the Golden Land: The Plight of Burmese Migrant Workers in Thailand|journal=Thailand Law Journal|volume=12|issue=1|year=2009|accessdate=22 June 2012</ref> Furthermore, someone who has Thai citizenship by sole virtue of ''jus soli'' may be stripped of Thai citizenship under various conditions (such as living abroad), which does not apply to people who have Thai citizenship by virtue of ''jus sanguinis''.<ref>cite journal|url= http://www.thailawforum.com/database1/Amendments-to-the-nationality-act.html|title=Amendments to the Nationality Act 2008|journal=Government Gazette of Thailand|volume=125|date=27 February 2008|accessdate=22 June 2012</ref> * flag|Tunisia|name: Individuals born in Tunisia are citizens by birth if their father and grandfather were born in Tunisia. Additionally, the person must declare before becoming an adult (20 years) that he wants to be a citizen.<ref>cite web|url= http://www.e-justice.tn/fileadmin/fichiers_site_arabe/droits_demarches/Proce_nationalite.pdf |format=PDF |title=1 -لمن يمكن إسناد الجنسية التونسية باعتبارها جنسية |website=E-justice.th |accessdate=23 February 2017</ref> * flag|United Kingdom|name: Since 1 January 1983, at least one parent must be a British citizen or be legally "settled" in the country or upon the 10th birthday of the child regardless of their parent's citizenship status (see [[British nationality law]]). ==参考资料== <references /> ===另见=== *[[属人主义]](血统主义) *[[国籍法]] *[[生育旅行]] *[[美国公民出生地原则]] [[category:属地、种族]]
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