Nationality and Cases of Statelessness in the Middle East and North Africa
3.1.1. Nationality by parentage (jus sanguinis)
The countries of the MENA region are united in their
preference for the doctrine of jus sanguinis: nationality
is transmitted through the “bloodline”, from parent to
child. This is the main method of acquiring a nationality
at birth in the region. As such, precedence is given
to the familial link – the family bond with a person
who is already a national – as the decisive condition
for membership of the state. This approach sits
comfortably in both the religious and cultural setting
of the MENA, which places great emphasis on the
role of the family and great value in the ties of kinship,
as well as notions of tribal belonging.99
All MENA countries recognise the paternal jus
sanguinis in their nationality laws, reflecting the
traditional perception that a person’s political
identity is determined through the paternal line of
descent.100 Thus, a father can pass his nationality to
his children, whether they are born within the country
or abroad. In almost all cases, the acquisition of the
father’s nationality happens automatically and will
not require any action on the part of the state or
99 - G. Parolin, Citizenship in the Arab World. Kin, Religion and Nation State,
Amsterdam University Press, 2009.
100 - S. Joseph, “Gendering Citizenship in the Middle East” in S. Joseph (ed.)
Gender and Citizenship in the Middle East, Syracuse University Press, 2000, at
pages 17-18. See also N. Hijab, “Women Are Citizens Too: The Laws of the State,
the Lives of Women”, United Nations Development Programme – Regional
Bureau for Arab States, 2002.
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