marriage contract makes registering children born to Syrian mothers almost impossible, due to failure to establish the child’s filiation in relation
to the Syrian father. For this reason, the Ministry of Justice must instruct
Shariah courts in Syria, which are competent to matters of filiation in accordance with the Code of Civil Procedure, to facilitate the procedures of
establishing paternity. Under domestic law, the Syrian government has duties to ensure that “everyone [shall] have a name and a surname, and the
surname shall be passed on to the person’s children,” according to article
40 of the Syrian Civil Code.58
Syria’s international obligations
regarding lineage and nationality
Women’s rights started evolving in the 1930s within the framework of the
League of Nations. Since the United Nations came into existence, the feminist cause has notably taken on an international dimension, especially
after the establishment of the Commission on Status of Women in 1946.
In 1979, the General Assembly of the United Nations adopted the CEDAW59,
as the international bill of rights for women. The Convention obliges States
to guarantee equal political, social and civil rights, without distinguishing
between men and women in the constitutions and domestic laws of the
signatory States.
77
Many States had entered reservations on certain provisions of the Convention, which, as claimed, are contrary to the constitution or to Shariah laws.
In turn, Syria had ratified the CEDAW, which stipulates in article 9, “States
Parties shall grant women equal rights with men with respect to the nationality of their children.” However, Syria expressed a reservation to this
article in legislative decree No. 330 of 200260, , for being contrary to Sharia
law, without demonstrating these contraventions.
58
The Syria’s Civil Law promulgated by Legislative Decree No. 84 of 1949
59
Convention on the Elimination of All Forms of Discrimination against Women
60
Declarations, reservations, objections and notifications of
withdrawal of reservations relating to the Convention on the
Elimination of All Forms of Discrimination against Women- PAGE28
61
Consideration of reports submitted by States Parties under article 18 of the Convention on
HUMANS WITHOUT RIGHTS
The reservation was changed in the States Parties’ second report for the
Committee on CEDAW, issued on 24/07/2012 in which it confirmed paragraph 22461. The report assured that “there is no contradiction between ar-
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