Italy’s Citizenship Paradox: The Contradictions of Ius Sanguinis

Italy’s Citizenship Paradox: The Contradictions of Ius Sanguinis

Italy’s citizenship laws have long been a subject of controversy and debate. Unlike many other European countries that have adopted ius soli (citizenship by birth on national soil) or ius scholae (citizenship through education and social integration), Italy continues to adhere strictly to the ius sanguinis principle (citizenship by bloodline). (Camera dei deputati, n.d) This means that individuals with Italian ancestry, even those who have never set foot in Italy, can obtain citizenship, while thousands of children born and raised in Italy to migrant parents face significant legal and bureaucratic hurdles to acquire the same rights. 

This legal framework creates an ironic and often criticized situation: specifically, Argentine nationals with distant Italian roots can claim Italian citizenship, while children born in Italy, who speak Italian as their native language and consider the country their home, remain foreigners in the eyes of the law (Tintori, 2011). This article examines the historical origins of Italy’s ius sanguinis policy, its implications for different groups, and the ongoing debate about potential reforms, including ius soli and ius scholae. The objective is to highlight the paradoxes and challenges that this legal framework presents while considering its broader social, economic, and political consequences.

1.1 The Historical Evolution of Italian Citizenship Law

The principle of ius sanguinis in Italy dates back to the 19th century when the newly unified Italian state needed a legal framework to define its national identity. The 1912 nationality law codified ius sanguinis, primarily reflecting the needs of a country with high emigration rates (Presidenza del Consiglio dei Ministri, 1912). Millions of Italians left for the Americas, particularly Argentina, Brazil, and the United States –  driven by poverty, political instability, and lack of opportunities in post-unification Italy. In response, the Italian government sought to maintain ties with emigrants and their descendants, recognizing both their economic contributions through remittances and their role in preserving Italian identity abroad. The 1912 law stipulated that Italian citizenship was automatically transmitted by the father to his children, regardless of their place of birth. Women, on the other hand, could not pass on their nationality unless they were unmarried, or the child was stateless. This gender-biased system persisted until the 1992 nationality law, which introduced gender equality in citizenship transmission but upheld the centrality of ius sanguinis.

Italy’s citizenship laws were designed for a nation that saw itself as a country of emigrants rather than immigrants. However, demographic realities have changed: today, Italy is a major destination for migration. ​As of early 2023, approximately 5 million foreign citizens resided in Italy, accounting for 8.7% of the total population, with over 3.7 million being non-EU citizens (InfoMigrants, 2024). Despite this shift, the legal framework has not evolved accordingly, leaving many children of immigrants in a precarious legal position. 

2. Understanding Ius Sanguinis, Ius Soli, and Ius Scholae

2.1 Ius Sanguinis: Italy’s Traditional Approach

Ius sanguinis is the predominant criterion for acquiring citizenship in Italy. This system prioritizes descent over place of birth, meaning that a child born to an Italian parent—no matter where they are in the world—is automatically an Italian citizen. 

Italian nationality law allows individuals to claim citizenship through a direct Italian ancestor, often going back multiple generations, provided that none of their ancestors renounced Italian citizenship before passing it on. This has led to a surge of citizenship claims, particularly from South America, where large Italian communities exist. In 2022 alone, Italy granted over 121,000 new citizenships, with a significant portion going to people of Italian descent residing abroad.

While ius sanguinis was historically a mechanism to preserve ties with the Italian diaspora, its continued application in the modern era raises critical concerns (Ministero dell’interno, 2010).  Many of those acquiring Italian nationality have no direct connection to Italy beyond ancestry, yet they gain immediate access to European Union (EU) rights and mobility, while those who have lived their entire lives in Italy remain excluded from citizenship.

2.2 Ius Soli: A More Inclusive Alternative

Unlike ius sanguinis, ius soli (right of the soil) automatically grants citizenship to individuals born on a country’s territory, regardless of their parents’ nationality. This model is prevalent in countries like the United States and Canada, ensuring that children born within national borders have immediate citizenship rights (Programma Integra, 2019). However, Italy has resisted implementing a similar system, arguing that such a change would encourage irregular migration and undermine its national identity.

Critics of ius soli in Italy fear that it would provide an incentive for undocumented migrants to give birth on Italian soil simply to secure citizenship for their children. However, this argument fails to consider the long-term benefits of granting citizenship to children who grow up in Italy, speak the language, and are integrated into society. Adopting ius soli would not only provide a more just system but also contribute to social cohesion and economic stability.

2.3 Ius Scholae: A Compromise for Second-Generation Immigrants

A proposed alternative, ius scholae, would grant citizenship to children of foreign parents who have attended Italian schools for a minimum of five years. This model recognizes the cultural and social integration of children born or raised in Italy but remains a contentious issue in the political sphere, with right-wing parties opposing it on the grounds that it may dilute national identity.

The ius scholae proposal seeks to strike a balance between ius sanguinis and ius soli by rewarding integration through education. (Asvis, 2024). Even so, legislative efforts to pass such a reform have faced significant hurdles, as nationalist factions within the government continue to block changes that would make citizenship more accessible to Italy’s migrant communities.

3. The Argentine Paradox: Preferential Treatment for Italian Descendants

3.1 Argentina’s Italian Heritage

Argentina has one of the largest populations of Italian descent outside of Italy. It is estimated that up to 30 million Argentinians have some form of Italian ancestry (Yu, 2025).  Thanks to ius sanguinis, thousands of Argentinians claim Italian citizenship each year, gaining access to the European Union’s rights and benefits. However, many of these individuals have never set foot in Italy and may not even speak Italian. The system effectively grants them a legal identity based on distant ancestry while excluding children born in Italy to immigrant parents who have spent their entire lives in the country.

The process of acquiring Italian citizenship in Argentina has also become a bureaucratic industry, with law firms and agencies specializing in helping individuals gather the necessary documents to prove their lineage. While there is nothing inherently wrong with this, it highlights a stark contrast: an Argentinian with a great-grandfather from Sicily can gain citizenship faster than a Moroccan-born individual who has lived in Italy their entire life.

4. The Socioeconomic and Political Implications of Italy’s Citizenship Laws

4.1 Discrimination Against Second-Generation Immigrants

One of the most glaring consequences of Italy’s current citizenship regime is the legal and social discrimination faced by second-generation immigrants. Children born in Italy to foreign parents are not automatically granted citizenship. Instead, they must wait until they turn 18 years old to apply, and even then, they face stringent bureaucratic hurdles. Applicants must provide comprehensive proof of continuous legal residence from birth, a requirement that many fail to meet due to gaps in registration or administrative errors (Fieri, 2023). 

This legal limbo places significant restrictions on the lives of these individuals. Without citizenship, they are denied political rights, such as voting in national elections, and face obstacles when applying for scholarships, public-sector jobs, or even basic travel documents. This exclusionary system undermines their sense of belonging and identity, despite their cultural and social integration into Italian society. 

4.2 Labour Market Consequences

Italy faces a profound demographic challenge. As of 2023, 23.5% of Italy’s population is aged 65 or older, making it one of the oldest populations in Europe (ISTAT, 2023). This aging workforce poses serious risks to economic productivity and social welfare systems. Second-generation immigrants, who are often bilingual and highly integrated, could help address labour shortages, but restrictive citizenship laws prevent them from fully participating in the economy.

A study by the OECD indicates that countries with more inclusive citizenship policies enjoy greater economic growth and higher levels of social cohesion. For example, Canada’s inclusive approach to citizenship—characterized by clear naturalization pathways and strong integration support—has contributed to a more cohesive society and has helped immigrants integrate successfully into the labor market, boosting overall economic performance (OECD, 2011). In contrast, Italy’s rigid ius sanguinis framework limits economic contributions by denying thousands of long-term residents the legal status required to access job markets and pursue higher education.

By maintaining exclusionary citizenship laws, Italy risks alienating a segment of the population that could otherwise play a pivotal role in revitalizing the economy and addressing workforce shortages. Reforming the system to include pathways like ius scholae could promote better economic outcomes by reducing administrative barriers and allowing these young people to contribute fully to the Italian economy.

4.3 Political Obstacles to Reform

Efforts to reform Italy’s citizenship laws have faced sustained opposition from nationalist and right-wing political factions. Parties like Lega Nord and Fratelli d’Italia argue that expanding citizenship through ius soli or ius scholae would dilute the Italian identity and encourage irregular migration. Despite growing public pressure and calls for reform from civil society organizations, these political groups have consistently blocked legislative changes.

In 2022, a proposal to adopt ius scholae failed to pass in Parliament after fierce opposition from conservative lawmakers (InTrieste, 2024). This reflects a broader political trend in Italy, where immigration is often framed as a security threat rather than a societal benefit.

5. Legal and Human Rights Considerations

5.1 International Criticism

Italy’s citizenship laws have faced sustained criticism from international human rights organizations for creating a two-tiered system. This system privileges distant descendants of Italian emigrants—many of whom have never lived in Italy—over individuals born and raised within the country. 

The UN Committee on the Rights of the Child has expressed concern that Italy’s restrictive citizenship policies violate the rights of children by denying them legal status despite being culturally and socially Italian. In several reports, the European Commission against Racism and Intolerance (ECRI) has criticized Italy for failing to address the legal exclusion of second-generation immigrants and for maintaining a framework that reinforces social inequalities (Council of Europe, n.d).

Moreover, the Council of Europe has warned that Italy’s current approach contravenes the spirit of Article 15 of the Universal Declaration of Human Rights, which guarantees the right to a nationality. Advocacy groups argue that the legal barriers imposed on second-generation immigrants not only impede their civil rights but also hinder their ability to fully participate in public life and economic development.

5.2 The Risk of Statelessness

A particularly severe consequence of Italy’s restrictive citizenship laws is the risk of statelessness (European Network on Statelessness, n.d.)​. In some cases, children born to foreign parents in Italy may not automatically obtain the citizenship of their parents’ home country due to restrictive nationality laws abroad, nor do they obtain Italian citizenship. This legal limbo results in individuals being stateless deprived of basic rights such as education, healthcare, and employment. 

The United Nations High Commissioner for Refugees (UNHCR) has urged Italy to adopt more comprehensive safeguards against statelessness. In its Global Action Plan to End Statelessness, the UNHCR emphasizes that the absence of automatic birthright citizenship in Italy exposes children to a heightened risk of becoming stateless, especially when bureaucratic obstacles prevent the transmission of nationality (UNHCR, 2020). Additionally, the lack of clear procedures to identify and protect stateless persons in Italy exacerbates their vulnerability. These individuals face difficulties accessing education, healthcare, and employment, as well as restrictions on their freedom of movement. Human rights organizations, including Amnesty International, have called for urgent reforms to prevent statelessness and to grant citizenship to children born and raised in Italy.

Conclusion: The Need for Reform

Italy’s reliance on ius sanguinis has created a paradoxical system that grants citizenship to distant Italian descendants while excluding individuals with deep social and cultural ties to the country. This outdated approach does not reflect Italy’s modern demographic realities and hinders integration, economic development, and social cohesion. Moving forward, Italy must consider adopting a more inclusive approach to citizenship, incorporating elements of ius soli and ius scholae to ensure that all individuals who contribute to Italian society can fully participate in it. Implementing these changes would not only align Italy’s citizenship framework with contemporary social realities but also strengthen social cohesion and boost economic development.

Reforming citizenship laws to include ius scholae would allow children who are raised and educated in Italy to enjoy the same rights as their peers, fostering a sense of belonging and eliminating bureaucratic obstacles. Moreover, integrating ius soli in a limited and controlled capacity could address the inequities faced by second-generation immigrants without compromising national security. Policymakers must acknowledge that a rigid ius sanguinis framework no longer meets the needs of a diverse and modern Italian society. A fair and inclusive citizenship policy can help create a stronger, more integrated nation where all residents, regardless of their ancestry, have the opportunity to thrive.

Bibliography

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