Nationality and Cases of Statelessness in the Middle East and North Africa retention of other provisions which previously allowed women to only pass on nationality in the exceptional circumstance that the child’s father was stateless (both countries) or unknown (Iraq). It is therefore unclear whether the child of an Iraqi or Libyan mother will always be recognised as a national.103 In all other MENA countries, women do not yet enjoy equal rights with men, with respect to the nationality of their children, despite this being prescribed by international human rights standards.104 Children born in Mauritania to a Mauritanian mother do automatically receive this nationality, but those born to a Mauritanian mother abroad will need to complete a registration procedure. In all other MENA countries, as shown in Table 1, women can also only pass on their nationality in exceptional circumstances. The most common of these is where the father is unknown or paternal affiliation has not been established – usually meaning where the child is born outside marriage. The second most widely regulated circumstance in which a mother can transmit her nationality is where the father has none to offer, i.e. he is himself stateless. It must be recognised, however, that this is insufficient to prevent all cases of statelessness among children. 103 - In Libya, the “Executive Ordinance” required for the implementation of the new maternal jus sanguinis provision (article 11 of the law) has also not yet been issued. 104 - Among which, article 9(2) of CEDAW. 86

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents