The Syrian Initiative to Combat Statelessness
82
Proposal to amend Legislative
Decree No. (276) in line with
women’s rights
It should be noted that the application of the right to equality in
conferring nationality doesn’t contravene with the core idea on which the
proposal is based, which is, “nationality shall descend to child, provided
the equality in transmission from the mother and the father.”
It is hereby proposed as follows:
The recognition of maternal jus sanguinis (right of blood) shall be the
basis to establish original Syrian nationality and filiation, by the force of
law, in regard to children born to Syrian women, regardless of the place
of birth or the circumstances of birth of the child.
Article 3(d) of the legislative decree is clear evidence of the potential effectiveness of the previous proposal, as it includes a provision granting Syrian
nationality to children born inside wedlock, born inside Syria and are not
entitled to a foreign nationality at birth. In other words, children born to
foreign parents are entitled to acquire Syrian nationality, whereas they are
denied nationality when the mother is Syrian, which is considered a defect
in the law that cannot be overlooked.
As per the above-mentioned, a proposal is made to repeal paragraph (b) of
article 3, in order to recognize the right of maternal filiation in relation to
the child, without supporting it with jus soli (the right of soil).
The paragraph after the amendment shall be as follows:
|“Anyone born inside or outside the country to a Syrian Mother.”
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