National Law 9. Libya’s nationality law is governed by the Law Number (24) for 2010/1378 On The Libyan Nationality, adopted in 2010.7 10. Article 2 of the Nationality Law stipulates that: i. Every person with regular residency in Libya since 7 October 1951, without any other foreign nationality, is considered Libyan if one of the following conditions is applicable to him/her: a. He/she is born in Libya; b. He/she is born outside Libya but one of his/her parents is born in Libya; c. He/she is born outside Libya but resided regularly in Libya for a period not less than 10 years before 07/10/1951. 11. Article 3 adds that a person is also considered Libyan if: i. ii. iii. He/she is born in Libya to a Libyan father He/she is born outside Libya to a Libyan father He/she is born in Libya to a Libyan mother and a father that either has an unknown nationality or who’s stateless. Or his/her parents are unknown. Gender Discrimination 12. A mother may confer her nationality to her children only if the father is unknown, stateless, or does not establish filiation. Women married to foreign nationals cannot pass their nationality to their children. Women cannot confer nationality to spouses on an equal basis with men.8 13. This distinction discriminates against women. This not only denies equality to women and men, but can also result in severe consequences for children such as statelessness, risk of deportation, and lack of access to social services and economic opportunities. This discrimination also serve to compromise Liberian women’s equal right to freely choose a spouse and a place of residence. 14. Such distinctions in the transmission of citizenship violate the right to equality before the law and equal protection of the law and constitute discrimination on the basis of sex. In accordance with the principles of equality and non-discrimination set forth in treaties ratified by Libya, Libya should guarantee its citizens the equal right to confer citizenship on their children born abroad 7 8 Law Number (24) for 2010/1378 On The Libyan Nationality. https://equalnationalityrights.org/countries/middle-east-north-africa. 3