CChapter 3: Comparative analysis of nationality laws
that any child born to either an Iraqi mother or father
acquires nationality, regardless of the place of further
facts of birth. Article 4 goes on to state that “the Minister
may consider Iraqi any person born outside Iraq to
an Iraqi mother and an unknown or stateless father”.
Instead of being treated as obsolete because of the
contradiction with article 3, in practice this provision
has been applied such that it has narrowed the
interpretation of article 3. Thus, where a child is born to
an Iraqi mother abroad, nationality is only conferred if
the authorities are satisfied that the father is unknown
or stateless. There are also signs that, even in these
circumstances, access to nationality is problematic
because it is difficult to satisfy the burden of proof
with regard to the status of the father. This practice
heightens the risk of statelessness for children born
to Iraqi women abroad, despite the law not initially
appearing to be problematic on this point.
Another problem that is in evidence in the region when
it comes to the implementation of rules relating to the
acquisition of nationality is the obstruction caused by
certain administrative or logistical arrangements. For
instance, in Egypt, the law now allows women to confer
nationality to their children. When this rule came into
effect in 2004, it was introduced with retroactivity,
such that children born before the relevant legal
reform could also benefit and claim their Egyptian
mother’s nationality. However, to acquire nationality
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