Nationality and Cases of Statelessness in the Middle East and North Africa
for example, concerns have been flagged regarding
the enjoyment of nationality by some children living in
orphanages and the absence of a regime for formal
adoption and the attendant acquisition of nationality
may leave children stateless.179
The fourth area of discrimination in MENA nationality
laws is that against persons with disabilities. Here too,
it was seen that conditions relating to mental and
physical health featured among naturalisation criteria,
but could also lead to deprivation of nationality. This
is a severely understudied question in nationality
policy worldwide and there is little information on
the implementation of the pertinent legal provisions
in the MENA region. Nevertheless, given that the
equal enjoyment of the right to a nationality for
persons with disabilities is clearly established under
international law, the fact that at least five MENA
countries (Algeria, Libya, Mauritania, Syria and Tunisia)
maintain legislation that could be interpreted to bar
persons with disabilities from naturalisation is of serious
concern. This is an area which is deserving of further
attention and study, with a view to ensuring that
such discrimination against persons with disabilities is
removed.
179 - Interviews conducted by researcher Z. Albarazi in two Lebanese
orphanages in 2011.
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