droit du sol et droit du sang - Karambolage - ARTE

Karambolage en français - ARTE

13 Mar 201705:17

Summary

TLDRThe video script narrates the complex journey of determining the nationality of journalist Catharina Clost's son born in France. It explores the historical evolution of French nationality laws, from the 'right of blood' to the 'right of soil', influenced by the French Revolution and population concerns. The script also touches on Germany's nationality laws, which allow children of foreign parents born in Germany to become German under certain conditions. The story concludes with the child's potential to acquire French nationality at adulthood after living in France for five years, or face the decision at 18 to accept or reject French nationality.

Takeaways

🇫🇷 The child is born in France to an Italian father and a German mother, leading to questions about his nationality.
🏛️ The concept of nationality in France has evolved from the monarchy's discretion to the revolutionary idea of 'citizenship'.
📜 The 'right of the soil' (jus soli) was officially established in France in 1851, initially as a double requirement for the child and one parent to be born in France.
📉 France relaxed the 'right of the soil' in 1889 to counter a declining population and to bolster its military ranks.
🌐 During World War II, the Vichy regime tightened nationality laws, reversing many naturalizations.
🔄 Today, France requires either the child or one parent to be born in France for nationality, except in exceptional cases.
🇩🇪 Germany also offers 'right of the soil' alongside 'right of blood' (jus sanguinis), allowing children of foreign parents born in Germany to become German.
📆 A child born in Germany to foreign parents can become German if one parent has lived there for at least 8 years and meets other criteria.
📝 The process of naturalization in Germany includes a test on culture and politics, which can be challenging.
👶 The child in the script is initially German and Italian by blood, but can apply for French nationality at the age of majority if they have lived in France for 5 years.
📅 The parents can apply for French nationality on behalf of their child as early as their 13th year, leading to potential dual or triple nationality at adulthood.

Q & A

What is the nationality of Catharina Clost's son according to the video script?
-The son is born to an Italian father and a German mother, and is born on French territory, making him initially German and Italian by blood.
What is the significance of the father going to the town hall with a white night behind him?
-The father's visit to the town hall signifies the official registration of his child's birth in France, which is a crucial step in potentially acquiring French nationality.
What are the two ways one can become French according to the script?
-One can become French either by 'filiation' or 'droit du sang' (right of blood) if one parent is French, or by 'droit du sol' (right of soil) if born on French soil.
When was the 'droit du sol' officially instituted in France?
-The 'droit du sol' was officially instituted in France in 1851.
What does the term 'double droit du sol' refer to?
-The 'double droit du sol' refers to the condition where both the child and one of the parents must be born in France to acquire French nationality.
Why did France decide to soften the 'droit du sol' in 1889?
-France decided to soften the 'droit du sol' in 1889 to counteract the declining population and to bolster the ranks of the army.
How did the Vichy regime alter the nationality laws during World War II?
-The Vichy regime criticized previous laws for making people French too easily, reopened files, and stripped many people of their French nationality.
What is the current rule regarding 'double droit du sol' in France?
-Currently, the 'double droit du sol' prevails where the child and one of the parents must be born in France. The simple 'droit du sol' is applied only in exceptional cases.
What is the situation with 'droit du sol' in Germany as mentioned in the script?
-In Germany, since the 2000s, children born to foreign parents on German soil can become German, but one parent must have lived in Germany for at least 8 years.
What is the process for Catharina Clost's son to potentially acquire French nationality?
-Catharina Clost's son can potentially acquire French nationality at the age of majority if he has lived in France for 5 years, or the parents can apply in anticipation from the 13th year of the child's life.
What will happen if Catharina Clost's son refuses French nationality at the age of 18?
-If he refuses French nationality, he will automatically have a third passport, presumably German and Italian, without French nationality.
What is the speculation about a possible future European nationality mentioned in the script?
-The script speculates that there might be a creation of a European nationality in the future, which could potentially benefit individuals with multiple nationalities.

Outlines

00:00

🇫🇷 Nationality Dilemma of a Child Born in France

The script describes the complex situation of a German journalist, Catharina Clos, who lives in Paris with her child's nationality being a topic of discussion. The child's father, exhausted from a sleepless night, goes to the town hall to obtain a French birth certificate. The child is born to an Italian father and a German mother on French territory, leading to questions about the child's nationality. The script explains that while the child has a French birth certificate, they are not automatically French. It outlines the two ways to become French: through 'filiation' (if one parent is French) or 'jus soli' (right of the soil), which is more complicated than it seems. The history of 'jus soli' is traced back to the French Revolution, with its evolution over time including periods of stricter and more relaxed application. The script also touches on Germany's nationality laws, which allow for 'jus soli' under certain conditions, including a requirement for the parents to have lived in Germany for at least 8 years. The story concludes with the child being both German and Italian by blood, but having the potential to acquire French nationality at the age of majority if they have lived in France for 5 years, with the parents able to apply in anticipation from the child's 13th year.

Mindmap

Keywords

💡Nationality

Nationality refers to a person's legal relationship to a country, typically through citizenship. In the video, the concept is central as it explores the complexities of determining a child's nationality based on their birthplace and parents' nationalities. The child's nationality is initially uncertain due to the parents being Italian and German and the child being born in France.

💡Filiation

Filiation, also known as the right of blood, is the principle by which a child inherits the nationality of their parents. The video discusses this concept in the context of French nationality law, where the child does not automatically become French due to the parents not being French, despite the father being exhausted from a sleepless night and going to the town hall to get the birth certificate.

💡Jus Soli

Jus Soli, or the right of the soil, is the principle that anyone born within the territory of a country can obtain citizenship. The video explains how this right evolved in France, initially as a double requirement (both the child and one parent must be born in France) and later simplified to a single requirement for the child to be born in France, influencing the child's potential French nationality.

💡Citizenship

Citizenship is the status of a person recognized under the law of a sovereign state, granting certain rights and obligations. The video uses the term to describe the process by which the child could potentially become French, either through jus soli or by fulfilling certain conditions at the age of majority.

💡Naturalization

Naturalization is the process by which a non-citizen in a country can become a citizen. The video touches on the German naturalization process, which includes a test on culture and politics, and requires one parent to have lived in Germany for at least eight years to pass on German nationality to their child.

💡Passport

A passport is an official travel document that certifies the identity and nationality of its holder for the purpose of international travel. The video mentions obtaining passports for the child, first German and then Italian, as a reflection of the child's dual heritage and potential nationalities.

💡Majority

Majority refers to the age at which a person is considered an adult and is legally competent to make decisions. In the video, it is mentioned that the child can choose to become French at the age of majority, which is significant as it marks a point where the child can decide their own nationality.

💡Paperwork

Paperwork in this context refers to the official documents and administrative procedures required to establish or change one's nationality. The video humorously mentions the 'paperwork in the air' as the parents navigate the bureaucratic process to secure their child's dual nationality.

💡Cultural Test

A cultural test is an examination that assesses a person's knowledge of the culture, history, and sometimes language of a country, often as part of the naturalization process. The video describes such a test in Germany, which can be challenging even for native Germans, highlighting the complexity of acquiring nationality.

💡European Nationality

European nationality is a concept that suggests a possible future form of citizenship that transcends individual European countries. The video speculates on the idea, suggesting that the child might one day benefit from a European nationality, indicating a progressive view on national identity within the European Union.

💡Apatride

Apatride, or stateless, refers to a person who is not recognized as a citizen by any country. The video mentions that the simple jus soli is applied in exceptional cases when parents are unknown or stateless and cannot pass on their nationality, emphasizing the importance of nationality in legal identity.

Highlights

Catharina Clost, a German journalist, has been living in Paris for several years.

Her son's birth sparks a complex journey regarding his nationality.

The father, exhausted from a sleepless night, goes to the town hall to obtain a French birth certificate for the baby.

The child is born to an Italian father and a German mother on French territory.

Friends immediately question the child's nationality: French, Italian, or German?

In France, birth must be declared within days after delivery.

The child is initially German and Italian by blood, but can he also be French?

There are two ways to become French: by filiation (jus sanguinis) or by soil (jus soli).

The right of soil was established during the French Revolution, initially as a double right of soil.

In 1889, France relaxed the right of soil to boost population and army ranks.

During World War II, the Vichy regime questioned the ease of acquiring French nationality.

Today, the double right of soil prevails, requiring the child and one parent to be born in France.

Germany also has a right of blood and soil, allowing children of foreign parents born in Germany to become German.

However, one parent must have lived in Germany for at least 8 years.

Germany also has a naturalization test with questions on culture and politics.

A child born in France to foreign parents can become French at the age of majority if they have lived in France for 5 years.

Parents can apply in advance when the child is 13 years old.

The Italian father and German mother navigate the administrative process to secure their son's nationalities.

At three months, the child has a German passport, soon followed by an Italian one.

At 18, the child must decide if he wants to become French; otherwise, he will automatically have a third passport.

The possibility of a future European nationality is also mentioned.