Nationality and Cases of Statelessness in the Middle East and North Africa
foregoing discussion of the conditions for acquisition
and loss of nationality in MENA countries, several
examples of provisions that directly discriminate or
have the potential to lead to discrimination have
already been pointed out. When drawn together,
in the MENA, there are four particularly problematic
areas of policy, which have a varying prevalence
across the region: gendered nationality rules; ethnic
criteria for access to nationality; religion-based
prerequisites for access to or a grounds for loss of
nationality; and conditions relating to mental and
physical health that may operate to discriminate
against persons with disabilities.
By far the most common form of discrimination
present in MENA states’ nationality laws is that on
the ground of gender. In almost every country in the
region, nationality policy is biased in favour of men,
bestowing on them greater privileges with regards
to the retention and transmission of nationality than
women enjoy. Only Algeria places men and women
on an entirely equal footing in its nationality law.
Elsewhere, as shown above, there is wide-spread
gender discrimination in the conferral of nationality
jus sanguinis: in the majority of MENA countries, a
child is still only entitled to inherit nationality from his
or her mother in certain exceptional circumstances,
whereas nationality can always be passed from
father to child. Even more common are gendered
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