The Syrian Initiative to Combat Statelessness
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and the loss of nationality.
In 1954, a convention relating to the Status of Stateless72 Persons was adopted in order to regulate the situation of stateless persons around the
world. Article 4 of the convention stipulates: “A Contracting State shall
grant its nationality to a person born in its territory”. The convention also
obliges each signatory State to “grant its nationality to a person, not born
in the territory of a Contracting State, who would otherwise be stateless, if
the nationality of one of his parents at the time of the person’s birth was
that of that State.” The Convention defined a stateless person as, “a person
who is not considered as a national by any State under the operation of its
law.” Although Syria is not a State Party to the Convention, the obligation to
avoid statelessness is part of customary international law; therefore, binding upon Syria.
Given that children are the most affected by statelessness, several international instruments have recognized Children’s right to nationality. According to ICCPR and article 7 of CRC, “Every child shall have the right to acquire nationality”. Furthermore, article 24(2) of ICCPR and article 7 of CRC
define the obligations of each State to register children immediately after
birth. Article 7 of the Convention of the Rights of Child in Islam stipulates
“The child shall have the right from birth to a good name, to be registered
by the competent authorities to determine his/her nationality…”
The Gaps in Legislative Decree
No. 276 and the Constitution
Despite the Syrian regime’s persistent claims of ensuring full equality for
women and the full enjoyment of their rights, the previously mentioned
laws and legislative decrees indicate otherwise. In confirmation of this, the
research examines articles of the constitution that are completely contrary
to what was indicated earlier. According to Article 2373 of the Syrian Constitution, “The state shall provide women with all opportunities enabling
them to effectively and fully contribute to the political, economic, social
and cultural life, and the State shall work on removing the restrictions
that prevent their development and participation in building society.”
While article 3374 stipulates, “Citizens shall be equal in rights and duties
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relating to the status of stateless persons
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Decree 94 / 2012- Article 23
Ibid- article 33
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