- II- Maternal filiation of legitimate
children born to Syrian women:
Unlike what was established in article 3(b), regarding the right to nationality based on the maternal filiation of an illegitimate child, the Syrian nationality law No. 267 of 1969 does not include an explicit reference regarding
filiation of a legitimate child. Which must be taken into account and properly analyzed based on the provisions of the Syrian nationality law and the
international commitments by which the Syrian regime is bound.
Domestic laws and filiation
It is necessary to discuss the governing laws in Syria, in order to explain the nature of the relationship between men and women and highlight
discrimination against Syrian women, especially regarding matrilineal
filiation. The discrimination occurs despite the Syrian regime’s claims of
granting women’s rights in accordance with article No. 23 of the constitution.56
75
| Personal Status Law No. 59 of 1953 amended
by law No. 34 of 1975:
57
Whereas articles 132 and 133 specify the conditions of establishing filiation
in invalid marriages and unlawful intercourse. Article 132 of the personal
status law stipulates, “a child born at least 180 days after the consummation
56
57
Syrian Arab Republic’s Constitution of 2012
The Personal Status Law, No. 59 of 1953
HUMANS WITHOUT RIGHTS
This law covers matters of engagement, marriage, divorce and alimony, in
addition to others related to guardianship, trusteeship and filiation. Articles
128-131 of the law specify the conditions of establishing filiation from a
valid marriage. Article 129 stipulates:
Filiation of a child of every wife in a valid marriage shall be attributed to
the husband under the two following conditions:
1- The period of gestation must exceed the duration of the marriage
contract (minimum duration of 180 days and a maximum duration of one
solar year, as stipulated in article 128 of the personal status law).
2- There is no evidence proving that the spouses did not have physical
contact, as though one of them was in prison or in a distant country, for a
period exceeding the duration of pregnancy.
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