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 149

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