The Syrian Initiative to Combat Statelessness
78
ticle 9 and Sharia law, for there is a big difference between filiation, which
is established according to Sharia and attributed to the father; and nationality, which is the relationship between the individual and the State, and it
is a man-made law.” However, Paragraph 22662 of the report justified Syria’s
reservation on article 9 “on the basis of national considerations regarding
the return of Palestinian refugees and the need to preserve their identity
and right of return.” Whereas paragraph 22763 of the same report states
that the reason for Syria’s reservation on article 9 arises from a sovereign,
not discriminatory, standpoint. It says “considering the critical geopolitical
and strategic location of Syria. In addition to being a major transit center
between continents, it is also an open State that welcomes and hosts newcomers, displaced persons, those fleeing the scourge of wars and asylum
seekers; consequently, many marriages occur. Therefore, the impediments
of granting nationality to children of Syrian women born to a non-Syrian
father arise from a sovereign, not discriminatory, standpoint.”
In addition to ratifying CEDAW, the Syrian regime had also ratified the Convention on the Rights of the Child (CRC) in 199364, which stipulates in article
7(1), “The child shall be registered immediately after birth and shall have
the right from birth to a name, the right to acquire a nationality and, as
far as possible, the right to know and be cared for by his or her parents.”
While paragraph 2 of the same article stresses the obligation of all States to
protect children from statelessness.
In 1969, the Syrian regime ratified the International Covenant on Civil and
Political Rights (ICCPR) of 196665, which stipulates in article 24(3)66, “Every
child has the right to acquire nationality.”
The Covenant also stressed the obligations of all signatory States to grant
the enjoyment of the rights provided in the Covenant without discrimination based on gender. Article 3 ensures, “the equal right of men and
women to exercise all civil and political rights set forth in the present
convention.”
the Elimination of All Forms of Discrimination against Women
Second and third periodic reports of States Parties- paragraph 224
62
Consideration of reports submitted by States Parties under article 18 of the Convention on
the Elimination of All Forms of Discrimination against Women
Second and third periodic reports of States Parties- paragraph 226
63
Ibid- paragraph 227
64
Convention on the Rights of the Child
65
International Covenant on Civil and Political Rights
66
Ibid- article 2
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