Italy keeps ‘jus soli’ for migrants children
Italian citizenship for immigrant children, known as ‘jus soli‘ (‘law of the soil’), “isn’t in the government’s contract” Premier Giuseppe Conte said, but added that he hoped for a “calm reflection” of the issue in “the appropriate fora“.
Deputy Premier Luigi Di Maio rejected the idea that the government would discuss jus soli. “It won’t be a measure that this government discusses, also because there’s already a law in Italy that regulates citizenship,” Di Maio said commenting on the suggestion of Conte.
“The reflection hoped for by the premier is a personal feeling of his,” Di Maio underlined.
At present a child born of an Italian parents receives Italian citizens by jus sanguinis, so does a child born in Italy of unknown or stateless parents under ‘jus soli‘, meaning Italy practices mixed system as many other EU states.
The jus sanguinis principle has positive influence on the prevention of statelessness: children born to European nationals anywhere in the world don’t run risks of being stateless.
The right to a nationality is not directly addressed in the European Convention on Human Rights, however the European Court (ECHR) uses the other tools to deal with the issue, as the right to respect for private and family life.
“Citizenship is a serious thing and comes at the end of an integration path, it is not a ticket to the Luna Park”, Matteo Salvini said, facing a weighty problem of 600,000 foreigners who illegally remain in Italy. Pointing at this challenge, he rejected the attempts of center-left to reform the laws that regulate the Italian citizenship of the children of immigrants .
The European Convention on Nationality (ECN) indicates minimum standards for the protection of individual rights in the context of acquisition and loss of nationality.
While the ECN allows states to require that the children of immigrants in this case are residing lawfully on the territory of a state, but this condition is not regarded under the 1961 Convention, postulating the states need to grant nationality also to undocumented children born on their territory.
Iceland and Republic of Macedonia (Northern Macedonia) are European countries that have ratified the ECN without having ratified the 1961 Convention, and therefore on legal grounds require a residence permit of stateless children born on their territory before granting them access to nationality.