CChapter 3: Comparative analysis of nationality laws
where an additional residence requirement for the
parents further restricts the effect that this provision
will have in preventing statelessness and where this
standard falls clearly short of Tunisia’s international
commitments under the 1961 Convention on the
Reduction of Statelessness; and Algeria,126 where an
otherwise stateless child will acquire nationality if born
in the country only if the father is unknown. Given
these significant gaps, the MENA region is lagging
behind in effectuating its commitment to prevent
childhood statelessness. Resolving this situation does
not require a significant overhaul of nationality
policies in the region, but rather the introduction
and implementation of some very simple safeguards
that would apply in the exceptional circumstance
that otherwise a child will be stateless, as outlined in
relevant international conventions.
3.1.4. Foundlings
International law takes a special interest in the
conundrum of so-called “foundlings”. This term refers
to a child (sometimes interpreted as an infant or
even a new-born), that is quite literally “found” and
whose origins and parentage are unknown. Given
that the line of descent cannot be established – nor,
126 - Article 7(2), Algerian Nationality Code, Ordonnance No. 70-86, 1970.
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