by Bianca Ottone

The current law granting Italian citizenship jure sanguinis states that women could hold but not pass citizenship to children born before January 1, 1948, the date Italy became a Republic. Not only does this eliminate many from qualifying for citizenship but under this provision of the law there are clearly situations where one sibling and their offspring can qualify while others born before the 1948 date and their subsequent families cannot qualify. When exploring Italian citizenship jure sanguinis individuals may believe the 1948 Rule on its surface to be unfair or discriminatory but it is the law as it currently exists.

There have been recent court challenges to this aspect of the law that have been filed and adjudicated by courts in Italy. Even though a challenge to the law has been successful in Italy, the Italian government has not yet chosen to modify or amend the current law. US Italian Consulates and other Italian Consulates outside of Italy strictly adhere to the current 1948 Rule and will probably continue to do so until the law is amended.

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