This article is about being a member of a country. For other uses, see Citizen (disambiguation).
Citizenship is the status of a person recognized under the custom or law as being a legal member of a sovereign state or belonging to a nation.
A person may have multiple citizenships and a person who does not have citizenship of any state is said to be stateless.
Nationality is often used as a synonym for citizenship in English – notably in international law – although the term is sometimes understood as denoting a person's membership of a nation (a large ethnic group). In some countries, e.g. the United States, the United Kingdom, nationality and citizenship can have different meanings (for more information, see Nationality versus citizenship).
Further information: Nationality law
Each country has its own policies, regulations and criteria as to who is entitled to its citizenship. A person can be recognized or granted citizenship on a number of bases. Usually citizenship based on the place of birth is automatic, but in other cases an application may be required.
- Citizenship by birth (jus sanguinis). If one or both of a person's parents are citizens of a given state, then the person may have the right to be a citizen of that state as well.[a] Formerly this might only have applied through the paternal line, but sex equality became common since the late twentieth century. Citizenship is granted based on ancestry or ethnicity and is related to the concept of a nation state common in China. Where jus sanguinis holds, a person born outside a country, one or both of whose parents are citizens of the country, is also a citizen. States normally limit the right to citizenship by descent to a certain number of generations born outside the state, although some do not.[clarification needed] This form of citizenship is not common in civil law countries.
- Born within a country (jus soli). Some people are automatically citizens of the state in which they are born. This form of citizenship originated in England where those who were born within the realm were subjects of the monarch (a concept pre-dating citizenship) and is common in common law countries.
- In many cases, both jus soli and jus sanguinis hold citizenship either by place or parentage (or both).
- Citizenship by marriage (jus matrimonii). Many countries fast-track naturalization based on the marriage of a person to a citizen. Countries which are destinations for such immigration often have regulations to try to detect sham marriages, where a citizen marries a non-citizen typically for payment, without them having the intention of living together.
- Naturalization. States normally grant citizenship to people who have entered the country legally and been granted permit to stay, or been granted political asylum, and also lived there for a specified period. In some countries, naturalization is subject to conditions which may include passing a test demonstrating reasonable knowledge of the language or way of life of the host country, good conduct (no serious criminal record) and moral character (such as drunkenness, or gambling), vowing allegiance to their new state or its ruler and renouncing their prior citizenship. Some states allow dual citizenship and do not require naturalized citizens to formally renounce any other citizenship.
- Excluded categories. In the past there have been exclusions on entitlement to citizenship on grounds such as skin color, ethnicity, sex, and free status (not being a slave). Most of these exclusions no longer apply in most places. Modern examples include some Arab countries which rarely grant citizenship to non-Muslims, e.g. Qatar is known for granting citizenship to foreign athletes, but they all have to profess the Islamic faith in order to receive citizenship. The United States grants citizenship to those born as a result of reproductive technologies, and internationally adopted children born after February 27, 1983. Some exclusions still persist for internationally adopted children born before February 27, 1983 even though their parents meet citizenship criteria.
Main article: History of citizenship
Main article: Polis
Many thinkers point to the concept of citizenship beginning in the early city-states of ancient Greece, although others see it as primarily a modern phenomenon dating back only a few hundred years and, for mankind, that the concept of citizenship arose with the first laws. Polis meant both the political assembly of the city-state as well as the entire society. Citizenship has generally been identified as a western phenomenon. There is a general view that citizenship in ancient times was a simpler relation than modern forms of citizenship, although this view has come under scrutiny. The relation of citizenship has not been a fixed or static relation, but constantly changed within each society, and that according to one view, citizenship might "really have worked" only at select periods during certain times, such as when the Athenian politician Solon made reforms in the early Athenian state.
Historian Geoffrey Hosking in his 2005 Modern Scholar lecture course suggested that citizenship in ancient Greece arose from an appreciation for the importance of freedom. Hosking explained:
It can be argued that this growth of slavery was what made Greeks particularly conscious of the value of freedom. After all, any Greek farmer might fall into debt and therefore might become a slave, at almost any time ... When the Greeks fought together, they fought in order to avoid being enslaved by warfare, to avoid being defeated by those who might take them into slavery. And they also arranged their political institutions so as to remain free men.
— Geoffrey Hosking, 2005
Slavery permitted slaveowners to have substantial free time, and enabled participation in public life. Polis citizenship was marked by exclusivity. Inequality of status was widespread; citizens had a higher status than non-citizens, such as women, slaves or barbarians. The first form of citizenship was based on the way people lived in the ancient Greek times, in small-scale organic communities of the polis. Citizenship was not seen as a separate activity from the private life of the individual person, in the sense that there was not a distinction between public and private life. The obligations of citizenship were deeply connected into one's everyday life in the polis. These small-scale organic communities were generally seen as a new development in world history, in contrast to the established ancient civilizations of Egypt or Persia, or the hunter-gatherer bands elsewhere. From the viewpoint of the ancient Greeks, a person's public life was not separated from their private life, and Greeks did not distinguish between the two worlds according to the modern western conception. The obligations of citizenship were deeply connected with everyday life. To be truly human, one had to be an active citizen to the community, which Aristotle famously expressed: "To take no part in the running of the community's affairs is to be either a beast or a god!". This form of citizenship was based on obligations of citizens towards the community, rather than rights given to the citizens of the community. This was not a problem because they all had a strong affinity with the polis; their own destiny and the destiny of the community were strongly linked. Also, citizens of the polis saw obligations to the community as an opportunity to be virtuous, it was a source of honour and respect. In Athens, citizens were both ruler and ruled, important political and judicial offices were rotated and all citizens had the right to speak and vote in the political assembly.
In the Roman Empire, citizenship expanded from small-scale communities to the entire empire. Romans realized that granting citizenship to people from all over the empire legitimized Roman rule over conquered areas. Roman citizenship was no longer a status of political agency, as it had been reduced to a judicial safeguard and the expression of rule and law. Rome carried forth Greek ideas of citizenship such as the principles of equality under the law, civic participation in government, and notions that "no one citizen should have too much power for too long", but Rome offered relatively generous terms to its captives, including chances for lesser forms of citizenship. If Greek citizenship was an "emancipation from the world of things", the Roman sense increasingly reflected the fact that citizens could act upon material things as well as other citizens, in the sense of buying or selling property, possessions, titles, goods. One historian explained:
The person was defined and represented through his actions upon things; in the course of time, the term property came to mean, first, the defining characteristic of a human or other being; second, the relation which a person had with a thing; and third, the thing defined as the possession of some person.
— J. G. A. Pocock, 1998
Roman citizenship reflected a struggle between the upper-class patrician interests against the lower-order working groups known as the plebeian class. A citizen came to be understood as a person "free to act by law, free to ask and expect the law's protection, a citizen of such and such a legal community, of such and such a legal standing in that community". Citizenship meant having rights to have possessions, immunities, expectations, which were "available in many kinds and degrees, available or unavailable to many kinds of person for many kinds of reason". The law itself was a kind of bond uniting people. Roman citizenship was more impersonal, universal, multiform, having different degrees and applications.
During the European Middle Ages, citizenship was usually associated with cities and towns, and applied mainly to middle class folk. Titles such as burgher, grand burgher (German Großbürger) and bourgeoisie denoted political affiliation and identity in relation to a particular locality, as well as membership in a mercantile or trading class; thus, individuals of respectable means and socioeconomic status were interchangeable with citizens.
During this era, members of the nobility had a range of privileges above commoners (see aristocracy), though political upheavals and reforms, beginning most prominently with the French Revolution, abolished privileges and created an egalitarian concept of citizenship.
During the Renaissance, people transitioned from being subjects of a king or queen to being citizens of a city and later to a nation.:p.161 Each city had its own law, courts, and independent administration. And being a citizen often meant being subject to the city's law in addition to having power in some instances to help choose officials. City dwellers who had fought alongside nobles in battles to defend their cities were no longer content with having a subordinate social status, but demanded a greater role in the form of citizenship. Membership in guilds was an indirect form of citizenship in that it helped their members succeed financially. The rise of citizenship was linked to the rise of republicanism, according to one account, since independent citizens meant that kings had less power. Citizenship became an idealized, almost abstract, concept, and did not signify a submissive relation with a lord or count, but rather indicated the bond between a person and the state in the rather abstract sense of having rights and duties.
The modern idea of citizenship still respects the idea of political participation, but it is usually done through "elaborate systems of political representation at a distance" such as representative democracy. Modern citizenship is much more passive; action is delegated to others; citizenship is often a constraint on acting, not an impetus to act. Nevertheless, citizens are usually aware of their obligations to authorities, and are aware that these bonds often limit what they can do.
From 1790 until the mid-twentieth century, United States law used racial criteria to establish citizenship rights and regulate who was eligible to become a naturalized citizen.The Naturalization Act of 1790, the first law in U.S. history to establish rules for citizenship and naturalization, barred citizenship to all people who were not of European descent, stating that "any Alien being a free white person, who shall have resided within the limits and under the jurisdiction of the United States for the term of two years, may be admitted to become a citizen thereof."
Under early U.S. laws, African Americans were not eligible for citizenship. In 1857, these laws were upheld in the US Supreme Court case Dred Scott v. Sandford, which ruled that "a free negro of the African race, whose ancestors were brought to this country and sold as slaves, is not a 'citizen' within the meaning of the Constitution of the United States," and that "the special rights and immunities guarantied to citizens do not apply to them."
It was not until the abolition of slavery following the American Civil War that African Americans were granted citizenship rights. The 14th Amendment to the U.S. Constitution, ratified on July 9, 1868, stated 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." Two years later, the Naturalization Act of 1870 would extend the right to become a naturalized citizen to include "aliens of African nativity and to persons of African descent".
Despite the gains made by African Americans after the Civil War, Native Americans, Asians, and others not considered "free white persons" were still denied the ability to become citizens. The 1882 Chinese Exclusion Act explicitly denied naturalization rights to all people of Chinese origin, while subsequent acts passed by the US Congress, such as laws in 1906, 1917, and 1924, would include clauses that denied immigration and naturalization rights to people based on broadly defined racial categories. Supreme Court cases such as Ozawa v. United States (1922) and U.S. v. Bhagat Singh Thind (1923), would later clarify the meaning of the phrase "free white persons," ruling that Japanese, Indian, and other non-European people were not "white persons", and were therefore ineligible for citizenship under U.S. law.
Native Americans were not granted full US citizenship until the passage of the Indian Citizenship Act in 1924. However, even well into the 1960s some state laws prevented Native Americans from exercising their full rights as citizens, such as the right to vote. In 1962, New Mexico became the last state to enfranchise Native Americans.
It was not until the passage of the Immigration and Nationality Act of 1952 that the racial and gender restrictions for naturalization were explicitly abolished. However, the act still contained restrictions regarding who was eligible for US citizenship, and retained a national quota system which limited the number of visas given to immigrants based on their national origin, to be fixed "at a rate of one-sixth of one percent of each nationality's population in the United States in 1920". It was not until the passage of the Immigration and Nationality Act of 1965 that these immigration quota systems were drastically altered in favor of a less discriminatory system.
The 1918 constitution of revolutionary Russia granted citizenship to any foreigners who were living within Russia, so long as they were "engaged in work and [belonged] to the working class." It recognized "the equal rights of all citizens, irrespective of their racial or national connections" and declared oppression of any minority group or race "to be contrary to the fundamental laws of the Republic." The 1918 constitution also established the right to vote and be elected to soviets for both men and women "irrespective of religion, nationality, domicile, etc. [...] who shall have completed their eighteenth year by the day of election." The later constitutions of the USSR would grant universal Soviet citizenship to the citizens of all member republics in concord with the principles of non-discrimination laid out in the original 1918 constitution of Russia.
National Socialism or "Nazism", the German variant of twentieth century fascism whose precepts were laid out in Adolf Hitler'sMein Kampf, classified inhabitants of the nation into three main hierarchical categories, each of which would have different rights and duties in relation to the state: citizens, subjects, and aliens. The first category, citizens, were to possess full civic rights and responsibilities. Citizenship would be conferred only on males of German (or so-called "Aryan") heritage who had completed military service, and could be revoked at any time by the state. The Reich Citizenship Law of 1935 established racial criteria for citizenship in the German Reich, and because of this law Jews and others who could not prove "German" racial heritage were stripped of their citizenship.
The second category, subjects, referred to all others who were born within the nation's boundaries who did not fit the racial criteria for citizenship. Subjects would have no voting rights, could not hold any position within the state, and possessed none of the other rights and civic responsibilities conferred on citizens. All women were to be conferred "subject" status upon birth, and could only obtain "citizen" status if they worked independently or if they married a German citizen (see women in Nazi Germany).
The final category, aliens, referred to those who were citizens of another state, who also had no rights.
"The People's State will classify its population in three groups: Citizens, subjects of the State, and aliens.
The principle is that birth within the confines of the State gives only the status of a subject. It does not carry with it the right to fill any position under the State or to participate in political life, such as taking an active or passive part in elections. Another principle is that the race and nationality of every subject of the State will have to be proved. A subject is at any time free to cease being a subject and to become a citizen of that country to which he belongs in virtue of his nationality. The only difference between an alien and a subject of the State is that the former is a citizen of another country.
The young boy or girl who is of German nationality and is a subject of the German State is bound to complete the period of school education which is obligatory for every German. Thereby he submits to the system of training which will make him conscious of his race and a member of the folk-community. Then he has to fulfil all those requirements laid down by the State in regard to physical training after he has left school; and finally he enters the army. The training in the army is of a general kind. It must be given to each individual German and will render him competent to fulfil the physical and mental requirements of military service. The rights of citizenship shall be conferred on every young man whose health and character have been certified as good, after having completed his period of military service. This act of inauguration in citizenship shall be a solemn ceremony.
And the diploma conferring the rights of citizenship will be preserved by the young man as the most precious testimonial of his whole life. It entitles him to exercise all the rights of a citizen and to enjoy all the privileges attached thereto. For the State must draw a sharp line of distinction between those who, as members of the nation, are the foundation and the support of its existence and greatness, and those who are domiciled in the State simply as earners of their livelihood there.
On the occasion of conferring a diploma of citizenship the new citizen must take a solemn oath of loyalty to the national community and the State. This diploma must be a bond which unites together all the various classes and sections of the nation. It shall be a greater honour to be a citizen of this Reich, even as a street-sweeper, than to be the King of a foreign State.
The citizen has privileges which are not accorded to the alien. He is the master in the Reich. But this high honour has also its obligations. Those who show themselves without personal honour or character, or common criminals, or traitors to the fatherland, can at any time be deprived of the rights of citizenship. Therewith they become merely subjects of the State.The German girl is a subject of the State but will become a citizen when she marries. At the same time those women who earn their livelihood independently have the right to acquire citizenship if they are German subjects."
— Adolf Hitler, Mein Kampf, Volume II: The National Socialist Movement, Chapter III: Subjects and Citizens
Citizenship status, under social contract theory, carries with it both rights and duties. In this sense, citizenship was described as "a bundle of rights -- primarily, political participation in the life of the community, the right to vote, and the right to receive certain protection from the community, as well as obligations." Citizenship is seen by most scholars as culture-specific, in the sense that the meaning of the term varies considerably from culture to culture, and over time. In China, for example, there is a cultural politics of citizenship which could be called "peopleship".
How citizenship is understood depends on the person making the determination. The relation of citizenship has never been fixed or static, but constantly changes within each society. While citizenship has varied considerably throughout history, and within societies over time, there are some common elements but they vary considerably as well. As a bond, citizenship extends beyond basic kinship ties to unite people of different genetic backgrounds. It usually signifies membership in a political body. It is often based on, or was a result of, some form of military service or expectation of future service. It usually involves some form of political participation, but this can vary from token acts to active service in government.
Citizenship is a status in society. It is an ideal state as well. It generally describes a person with legal rights within a given political order. It almost always has an element of exclusion, meaning that some people are not citizens, and that this distinction can sometimes be very important, or not important, depending on a particular society. Citizenship as a concept is generally hard to isolate intellectually and compare with related political notions, since it relates to many other aspects of society such as the family, military service, the individual, freedom, religion, ideas of right and wrong, ethnicity, and patterns for how a person should behave in society. When there are many different groups within a nation, citizenship may be the only real bond which unites everybody as equals without discrimination—it is a "broad bond" linking "a person with the state" and gives people a universal identity as a legal member of a specific nation.
Modern citizenship has often been looked at as two competing underlying ideas:
- The liberal-individualist or sometimes liberal conception of citizenship suggests that citizens should have entitlements necessary for human dignity. It assumes people act for the purpose of enlightened self-interest. According to this viewpoint, citizens are sovereign, morally autonomous beings with duties to pay taxes, obey the law, engage in business transactions, and defend the nation if it comes under attack, but are essentially passive politically, and their primary focus is on economic betterment. This idea began to appear around the seventeenth and eighteenth centuries, and became stronger over time, according to one view. According to this formulation, the state exists for the benefit of citizens and has an obligation to respect and protect the rights of citizens, including civil rights and political rights. It was later that so-called social rights became part of the obligation for the state.
- The civic-republican or sometimes classical or civic humanist conception of citizenship emphasizes man's political nature, and sees citizenship as an active process, not a passive state or legal marker. It is relatively more concerned that government will interfere with popular places to practice citizenship in the public sphere. Citizenship means being active in government affairs. According to one view, most people today live as citizens according to the liberal-individualist conception but wished they lived more according to the civic-republican ideal. An ideal citizen is one who exhibits "good civic behavior". Free citizens and a republic government are "mutually interrelated." Citizenship suggested a commitment to "duty and civic virtue".
Further information: Civic engagement
Scholars suggest that the concept of citizenship contains many unresolved issues, sometimes called tensions, existing within the relation, that continue to reflect uncertainty about what citizenship is supposed to mean. Some unresolved issues regarding citizenship include questions about what is the proper balance between duties and rights. Another is a question about what is the proper balance between political citizenship versus social citizenship. Some thinkers see benefits with people being absent from public affairs, since too much participation such as revolution can be destructive, yet too little participation such as total apathy can be problematic as well. Citizenship can be seen as a special elite status, and it can also be seen as a democratizing force and something that everybody has; the concept can include both senses. According to sociologistArthur Stinchcombe, citizenship is based on the extent that a person can control one's own destiny within the group in the sense of being able to influence the government of the group.:p.150 One last distinction within citizenship is the so-called consent descent distinction, and this issue addresses whether citizenship is a fundamental matter determined by a person choosing to belong to a particular nation––by his or her consent––or is citizenship a matter of where a person was born––that is, by his or her descent.
See also: Global citizenship
Some intergovernmental organizations have extended the concept and terminology associated with citizenship to the international level, where it is applied to the totality of the citizens of their constituent countries combined. Citizenship at this level is a secondary concept, with rights deriving from national citizenship.
Main article: Citizenship of the European Union
The Maastricht Treaty introduced the concept of citizenship of the European Union. Article 17 (1) of the Treaty on European Union stated that:
Citizenship of the Union is hereby established. Every person holding the nationality of a Member State shall be a citizen of the Union. Citizenship of the Union shall be additional to and not replace national citizenship.
An agreement known as the amended EC Treaty established certain minimal rights for European Union citizens. Article 12 of the amended EC Treaty guaranteed a general right of non-discrimination within the scope of the Treaty. Article 18 provided a limited right to free movement and residence in Member States other than that of which the European Union citizen is a national. Articles 18-21 and 225 provide certain political rights.
Union citizens have also extensive rights to move in order to exercise economic activity in any of the Member States which predate the introduction of Union citizenship.
The concept of "Commonwealth Citizenship" has been in place ever since the establishment of the Commonwealth of Nations. As with the EU, one holds Commonwealth citizenship only by being a citizen of a Commonwealth member state. This form of citizenship offers certain privileges within some Commonwealth countries:
- Some such countries do not require tourist visas of citizens of other Commonwealth countries.
- In some Commonwealth countries resident citizens of other Commonwealth countries are entitled to political rights, e.g., the right to vote in local and national elections and in some cases even the right to stand for election.
- In some instances the right to work in any position (including the civil service) is granted, except for certain specific positions, such as in the defense departments, Governor-General or President or Prime Minister.
Although Ireland was excluded from the Commonwealth in 1949 because it declared itself a republic, Ireland is generally treated as if it were still a member. Legislation often specifically provides for equal treatment between Commonwealth countries and Ireland and refers to "Commonwealth countries and Ireland". Ireland's citizens are not classified as foreign nationals in the United Kingdom.
Canada departed from the principle of nationality being defined in terms of allegiance in 1921. In 1935 the Irish Free State was the first to introduce its own citizenship. However, Irish citizens were still treated as subjects of the Crown, and they are still not regarded as foreign, even though Ireland is not a member of the Commonwealth. The Canadian Citizenship Act of 1947 provided for a distinct Canadian Citizenship, automatically conferred upon most individuals born in Canada, with some exceptions, and defined the conditions under which one could become a naturalized citizen. The concept of Commonwealth citizenship was introduced in 1948 in the British Nationality Act 1948. Other dominions adopted this principle such as New Zealand, by way of the British Nationality and New Zealand Citizenship Act of 1948.
Citizenship most usually relates to membership of the nation state, but the term can also apply at the subnational level. Subnational entities may impose requirements, of residency or otherwise, which permit citizens to participate in the political life of that entity, or to enjoy benefits provided by the government of that entity. But in such cases, those eligible are also sometimes seen as "citizens" of the relevant state, province, or region. An example of this is how the fundamental basis of Swiss citizenship is citizenship of an individual commune, from which follows citizenship of a canton and of the Confederation. Another example is Åland where the residents enjoy a special provincial citizenship within Finland, hembygdsrätt.
The United States has a federal system in which a person is a citizen of their specific state of residence, such as New Jersey or California, as well as a citizen of the United States. State constitutions may grant certain rights above and beyond what are granted under the United States Constitution and may impose their own obligations including the sovereign right of taxation and military service; each state maintains at least one military force subject to national militia transfer service, the state's national guard, and some states maintain a second military force not subject to nationalization.
Main article: Citizenship education (subject)
"Active citizenship" is the philosophy that citizens should work towards the betterment of their community through economic participation, public, volunteer work, and other such efforts to improve life for all citizens. In this vein, citizenship education is taught in schools, as an academic subject in some countries. By the time children reach secondary education there is an emphasis on such unconventional subjects to be included in academic curriculum. While the diagram on citizenship to the right is rather facile and depth-less, it is simplified to explain the general model of citizenship that is taught to many secondary school pupils. The idea behind this model within education is to instill in young pupils that their actions (i.e. their vote) affect collective citizenship and thus in turn them.
Republic of Ireland
It is taught in the Republic of Ireland as an exam subject for the Junior Certificate. It is known as Civic, Social and Political Education (CSPE). A new Leaving Certificate exam subject with the working title 'Politics & Society' is being developed by the National Council for Curriculum and Assessment (NCCA) and is expected to be introduced to the curriculum sometime after 2012.
Citizenship is offered as a General Certificate of Secondary Education (GCSE) course in many schools in the United Kingdom. As well as teaching knowledge about democracy, parliament, government, the justice system, human rights and the UK's relations with the wider world, students participate in active citizenship, often involving a social action or social enterprise in their local community.
- Citizenship is a compulsory subject of the National Curriculum in state schools in England for all pupils aged 11–16. Some schools offer a qualification in this subject at GCSE and A level. All state schools have a statutory requirement to teach the subject, assess pupil attainment and report student's progress in citizenship to parents.
- In Wales the model used is Personal and Social Education.
- Citizenship is not taught as a discrete subject in Scottish schools, but is a cross-curricular strand of the Curriculum for Excellence. However they do teach a subject called "Modern Studies" which covers the social, political and economic study of local, national and international issues.
- Citizenship is taught as a standalone subject in all state schools in Northern Ireland and most other schools in some forms from year 8 to 10 prior to GCSEs. Components of Citizenship are then also incorporated into GCSE courses such as 'Learning for Life and Work'.
Criticism of citizenship education in schools
There are two kinds of criticism of citizenship education in schools. Firstly, some philosophers of education argue that most governments and mainstream policies stimulate and advocate questionable approaches of citizenship education. These approaches aim to develop specific dispositions in students, dispositions conducive to political participation and solidarity. But there are radically different views on the nature of good citizenship and education should involve and develop autonomy and open-mindedness. Therefore, it requires a more critical approach than is possible when political participation and solidarity are conceived of as goals of education. Secondly, some educationalists argue that merely teaching children about the theory of citizenship is ineffective, unless schools themselves reflect democratic practices by giving children the opportunity to have a say in decision making. They suggest that schools are fundamentally undemocratic institutions, and that such a setting cannot instill in children the commitment and belief in democratic values that is necessary for citizenship education to have a proper impact. Some educationalists relate this criticism to John Dewey (see critical comments on this interpretation of Dewey: Van der Ploeg, 2016).
- ^Votruba, Martin. "Nationality, ethnicity in Slovakia". Slovak Studies Program. University of Pittsburgh.
- ^Weis, Paul (1979). Nationality and Statelessness in International Law. Sijthoff & Noordhoff. p. 3. ISBN 9789028603295.
- ^Article IV of the Philippine Constitution.
- ^8 USC Part I - Nationality at Birth and Collective Naturalization8 USC Part I - Nationality at Birth and Collective Naturalization
- ^UK government Web site: Bishops act to tackle sham marriages - New UK Border Agency approved guidance for clergy should help prevent weddings for visas, 11 April 2011
- ^ abcdeIsin, Engin F.; Bryan S. Turner, eds. (2002). Handbook of Citizenship Studies. Chapter 5 -- David Burchell -- Ancient Citizenship and its Inheritors; Chapter 6 -- Rogers M. Smith -- Modern Citizenship. London: Sage. pp. 89–104, 105. ISBN 0-7619-6858-X.
- ^ abcdefghijklmnHeater, Derek (2004). A Brief History of Citizenship. New York City: New York University Press. p. 157. ISBN 0-8147-3671-8.
- ^ abcHosking, Geoffrey (2005). Epochs of European Civilization: Antiquity to Renaissance. Lecture 3: Ancient Greece. United Kingdom: The Modern Scholar via Recorded Books. pp. 1, 2 (tracks). ISBN 1-4025-8360-5.
- ^ abHebert (editor), Yvonne M. (2002). Citizenship in transformation in Canada. chapters by Veronica Strong-Boag, Yvonne Hebert, Lori Wilkinson. Toronto: University of Toronto Press. pp. 3, 4, 5. ISBN 0-8020-0850-X.
- ^See Civis romanus sum.
- ^ abcHosking, Geoffrey (2005). Epochs of European Civilization: Antiquity to Renaissance. Lecture 5: Rome as a city-state. United Kingdom: The Modern Scholar via Recorded Books. pp. tracks 1 through 9. ISBN 1-4025-8360-5.
- ^ abcTaylor, David (1994). Bryan Turner; Peter Hamilton, eds. Citizenship: Critical Concepts. United States and Canada: Routledge. pp. 476 pages total;. ISBN 0-415-07036-8.
- ^"A History of U.S. Citizenship". The Los Angeles Times. July 4, 1997. Retrieved 21 September 2016.
- ^"A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774 - 1875". The Library of Congress. Retrieved 21 September 2016.
- ^"Scott v. Sandford". Legal Information Institute. Cornell University Law School. 1857. Retrieved 21 September 2016.
- ^"Constitution of the United States: Amendment XIV". The Charters of Freedom. U.S. National Archives and Records Administration. 1868. Retrieved 21 September 2016.
- ^"Naturalization Act of 1870". Wikisource. U.S. Congress.
- ^"1917 Immigration Act". US Immigration Legislation Online. University of Washington-Bothell Library.
Each one of us is a citizen of a state. Each one of us has either inherited the citizenship of the state of his parents or has got the citizenship of his birth place or has specially acquired the citizenship of a state. No one is or can be without a citizenship of a state. No one can have citizenships of two states. Some persons without citizenships are there due an accident of fate. Citizenship of a state is a natural and essential condition for each human being.
Who is a Citizen?
Those people who have citizenship status in a state are the citizens of that state. Citizenship refers to the legal status of each citizen. It reflects the fact that as a citizen of a state enjoys the protection of his state in respect of his security and rights.
“Citizenship is the status of an individual due to which he enjoys civil and political rights in the state and is ready to fulfill his obligations.” -Gettell
“Citizenship is the contribution of one’s instructed judgment to public good.” -Laski
“Citizen is one who owes allegiance to the State, has access to the civil and political rights and is inspired with a spirit of service to humanity” —A K Siu
“Citizen is one who is a member of a State and tries to fulfill and realize himself within it with an intelligent appreciation of what should conduce to the highest moral welfare of the community” -Shastri
The Positive Aspect of Citizenship:
To say that a citizen enjoys rights guaranteed by the State and owes allegiance to it is to take a rather narrow and formal view of citizenship. Laski’s definition offers a more positive conception of citizenship. This definition assigns a positive role to the citizen, viz., his duty to contribute his best towards the material and moral advancement of his fellow-citizens and that of humanity as a whole.
Citizenship implies three things:
(1) Legal and Political Rights which citizens enjoy under the protection of the State;
(2) Duties which citizens render to the State including the duty to promote general welfare; and
(3) The allegiance, i.e., loyalty to the state or the sentiment of patriotic devotion.
(1) In the past. Citizenship was confined to a few persons of the state:
In the past, citizenship used to be a privilege enjoyed by a comparatively small number of people. In ancient Greece, which is usually referred to as the cradle of democracy, citizenship was confined only to the ‘leisured’ few who possessed wealth and ability. Women, slaves and manual workers such as artisans and traders were not regarded as citizens.
In Rome also the ‘plebeians’ or the lower classes had fought hard and long before they got a share in the benefits of citizenship. In the middle ages, society was organised on feudal lines. As a result, a vast majority of the people lived as “serfs” without the rights and privileges of citizenship.
(2) Direct Participation in Administration no longer necessary for Citizenship:
The modern conception of citizenship is not based on the traditional principle of participation in the administration of state as a criterion to get citizenship of the state. In ancient Greece, citizenship meant direct participation in the business of government.
Aristotle defined citizen as one “who has the power to take part in the administration of the State”. At that time, it was possible in the Greek City State, with its small area and population, for every citizen to take a direct and active part in lawmaking and administration.
This is no longer practicable in the Nation-States of today with populations running into tens and, often, hundreds of millions. In a modern State the main business of the average citizen is not to make laws or run the administration but to choose a number of representatives who discharge these functions on his behalf.
(3) Now citizenship belongs to all the people of each state:
At present, however, democratic ideas have established their empire on the minds of men and citizenship has come to be regarded as the birth-right of all those who belong to a State and not as the monopoly of a privileged class.
1. Membership of a state
2. Enjoyment of several rights and freedoms in the state.
3. Commitment to perform certain duties towards the state, particularly to defend the state against any war or aggression.
4. Loyalty towards the state.
5. Citizenship is acquired right at the time of birth. A child inherits the citizenship of his parents (Jus Sanguine) or he inherits the citizenship of the state where he is born (Jus Soil). Such citizens are called natural born citizens.
6. Citizenship of a desired state can be acquired by any person after relinquishing his natural born citizenship. However such a citizenship can be acquired only when that state is willing to admit him as its citizen when he has fulfilled certain conditions. Such a citizenship is called naturalised citizenship.
7. Natural Born and Naturalised Citizens:
In contemporary times citizens are categorized into two groups: Natural Born Citizens and Naturalised Citizens. Natural born citizens are citizens of a State by birth. Naturalised citizens are those who have adopted the citizenship of a particular country although they do not belong to it by birth.
Natural citizenship is a birth-right but naturalised citizenship of a State can be acquired by a foreigner only if he satisfies certain prescribed conditions. In some states natural born citizens and naturalised citizens are given the same civil and political rights.
In some others, natural born citizens have a higher status than naturalised citizens, because the latter are excluded from certain political posts. For instance, in the United States of America a naturalised citizen cannot become the President or Vice-President of the U.S.A.
8. Citizens and Subjects:
A distinction is sometimes made between citizens and subjects. Strictly speaking, all citizens may be called subjects because they are subject to the authority of the State which possesses sovereignty. But the term ‘subject’ has become distasteful because of its association with absolute monarchy and feudalism. Nowadays, only the citizens of a country which as a monarch, absolute or limited, as in Britain or Japan, for example, are termed subjects.
9. Citizens and Aliens:
An important distinction is there between citizens and aliens. An alien is an individual who resides temporarily or permanently on the territory of a State without owing allegiance to it. For instance, there are many foreigners in India working as doctors, teachers, missionaries, traders or technicians.
Some of them have spent a life-time in the country but they are not Indian citizens, because they continue to enjoy the citizenships of their parent state and continue to owe allegiance to the country of their origin. As a rule, aliens enjoy the same civil rights as citizens do. They obey the laws of the country and pay taxes like citizens. The difference between a citizen and an alien lies in respect of political rights.
An alien does not enjoy these rights. He has a right to reside but does not enjoy the right to vote or to take an active part in the affairs of the State. Secondly, a citizen is permanent member of the State and has a right to reside on its territory.
An alien, on the other hand, cannot claim the right of permanent residence. He stays on sufferance and not on right. He can be turned out of the country, if his presence is considered prejudicial to the interests of the State.
10. Alien Friends and Alien Enemies:
When a State is at war against another, aliens living in it are called “alien friends” when they belong to a friendly power, or “alien enemies” (or enemy aliens) if they belong to a country against which the State is fighting the war. Thus, during World War II aliens in India belonging to Italy or Germany were treated as “alien enemies”.
These persons were placed under various restrictions while the war was on. They were not allowed to move freely and their property was temporarily “freezed” and placed under government possession.
Basis/Grounds for Getting Citizenship:
Citizenship is normally acquired by each person right at the time of his birth either on the basis of the citizenship of his parents or on the basis of his place of birth. In both cases, it is called citizenship by birth.
I. Citizenship by Birth. (Jus Sanguine and Jus Soil):
A vast majority of persons acquire citizenship by birth and seldom change it afterwards. It has been, therefore regarded as the most prominent of all the methods of acquiring citizenship. Normally each person gets a citizenship at birth either on the basis of parentage (Jus Sanguine) or on the basis of the principle of Birth Place (Jus Soli) or on the basis of both of these principles.
(i) Citizenship on the basis of Parentage (Jus Sanguine):
States like Germany and France recognize parentage as the only decisive factor for the determination of citizenship. This principle is termed as ‘Jus Sanguine’. It confers citizenship of the home state upon the children born of their citizens at home or abroad. The illegitimate children, according to this rule, acquire the nationality (citizenship) of their mother.
(ii) Citizenship on the basis of Birth Place (Jus Soli):
On the other hand, Argentina recognises the principle of ‘Jus Soli’ which implies that the territory, upon which the child is born, is exclusively the determining factor of citizenship. It does not matter whether the parents are citizens or aliens of that territory. Similarly, a child, born abroad, under this principle, is foreign although his parents may be citizen.
Fenwick observes that if both these principles are strictly adhered to separately, a conflict of jurisdiction may arise. When a child is born in Argentina of French parents, he is an Argentinean citizen (Jus Soli), but the child is, at the same time, a French citizen, (‘Jus Sanguine’).
In such a case, his effective citizenship will then depend upon the jurisdiction within which he happens to be i.e. French in France and an Argentinean in Argentina. States like Great Britain and the USA, keeping in view the difficulty of conflicting claims, have adopted a mixed principle. According to their municipal laws, not only children of their citizens born at home or abroad become their citizens, but also such children of alien parents as are born on their territory also become their subjects.
Even France, which was previously a staunch advocate of Jus Sanguine principle, later on recognised that any person born in France of alien parents and domiciled in France, may by a declaration become a Frenchman and automatically does so on attaining adulthood, unless he may refuse to do so.
Basis/Grounds for Exclusion from Citizenship:
When any person gets excluded from the citizenship of any state due to certain circumstances or eventualities, it leads a situation of statelessness I, e, Non- Citizenship of any state.
Methods of Loosing Citizenship:
1. By Marriage:
After getting married to a foreign national, a person loses his parent citizenship and acquires the citizenship of his/her suppose.
2. By Resignation:
One can renounce the citizenship of his state through a resignation.
3. By Long Absence:
If a citizen remains absent from his country for a long period, he loses the citizenship of the country of his birth. The period of absence is different in different countries.
4. Renouncing Citizenship in case of Double Citizenship:
Sometimes a person gets double citizenship. But a person cannot be the citizen of two states at the same time. So, he has to renounce the citizenship of one state.
5. By Application:
By giving an application, an individual can also relinquish the citizenship of his state.
6. By Adoption:
When a child is adopted by a citizen of another country, he automatically loses the citizenship of the country of his birth.
7. By Defeat:
When a state or some territory of the state is conquered by another state, the citizens of the conquered state lose their citizenships.
8. By getting government service abroad:
When a citizen gets government service is another state, he loses the citizenship of the state of his birth.
9. Anti-national Crimes:
When a person revolts against the state, his citizenship can also be taken back by his state.
10. Acceptance of Titles from a Foreign Government:
In some countries the rule is that if a citizen accepts a title from another country without getting the prior approval of the state, his citizenship can be terminated.