CChapter 3: Comparative analysis of nationality laws
rather than the threat of statelessness for the child,
for it may be that the father does hold a nationality
and yet the child is unable to inherit it. Moreover, the
child of a Kuwaiti, Lebanese, Qatari, Saudi Arabian or
Syrian mother will fail to acquire her nationality even
if the father in question is stateless. None of these
countries has any significant safeguard in place for
the avoidance of statelessness among children who
are descendants of a female national118 – although
children of a male national will always receive
nationality.
There are also significant legal gaps when it comes
to safeguards that provide nationality to a child
who is born on state territory and would otherwise
be stateless. Some such children will benefit from
the general jus soli provisions outlined in the previous
section. But many of these have a rather narrow scope
and the preference for a double jus soli rule means
that the first generation of children born in these states’
territory will not be protected from statelessness under
these clauses. Only two countries in the MENA region
have in place the “perfect” legislative safeguard
against childhood statelessness within their borders:
118 - The only situation in which women holding one of these nationalities
can transmit it to her children is where the father is unknown, although even this
is not possible in Qatar.
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