Nationality not Naturalization - The Rights of Lebanese Women to Full Citizenship and to Confer their Nationality to their Children
NATIONALITY
The right to a nationality is a fundamental human right. It implies
the right of each individual to acquire, change and retain a
nationality.
The Lebanese Court of Cassation held that nationality is
the establishment of a political and legal bond between the
individual and the State.8 Admitting the nationality of an
individual implies the recognition of their ties to a specific
society or of their belonging to a state,9 and it is a legal bond
between an individual and a particular State under which the
legal distribution of individuals in the international community
occurs.10
Methods for acquiring original nationality
in Lebanese law
The Lebanese nationality of origin applies to Articles 1, 2 and 10 of
Law No. 15 of 19 January 1925 of the French High Commissioner,
who assumed legislative authority in the State of Greater Lebanon.
Article 1 of this decision states the following:
Is considered Lebanese:
•
Every person born to a Lebanese father.
•
Every person born in the territory of Greater Lebanon and
never established that he or she acquired foreign nationality,
upon birth, or by filiation.
•
Every person born in the territory of Greater Lebanon of
unknown parents or parents of unknown nationality.
Consequently, birth on Lebanese territory is not sufficient to
register the applicant to establish nationality; rather, the conditions
must be met as indicated above. In the absence of these
conditions, Lebanese nationality cannot be conferred.11
Article 2 of Law No. 15 of 1925 also stipulates that an illegitimate
child whose paternal filiation is established when still a minor shall
have Lebanese nationality if one of his parents in respect of whom
affiliation is first established is Lebanese. If the proof of affiliation
regarding both the father and the mother results from a single
contract or judgment, the child shall acquire the nationality of the
father should the father be Lebanese.
Article 10 of the said Law also stipulates that, while retaining all
rights related to the right to choose one’s nationality as specified
in the Peace Treaty signed at Lausanne in 1923, every person born
on the Greater Lebanon territory to a Lebanese father who was
also born in the said territory as of 1 November 1914 as an Ottoman
subject is considered Lebanese.
Section I
Filiation or jus sanguinis
Jus sanguinis means that nationality is conferred based on
the child’s origin and is granted the nationality of the
father. The Lebanese Nationality law is based on patriarchal blood
bond, which means that the acquisition of Lebanese nationality is
linked to patriarchal lineage and not matriarchal lineage.
First: Transmission of Lebanese nationality through the paternal line
The Lebanese Nationality law distinguishes between a legitimate
child (legitimate filiation) and an illegitimate child (natural filiation).
Jus sanguinis on the father’s side is recognized as a basis for
establishing the original nationality of a legitimate child. The right
of blood on the mother’s side to grant citizenship to an illegitimate
child is used according to the following:
Legitimate filiation
A child born to a Lebanese father acquires Lebanese
nationality upon birth, and filiation may be legitimate
or natural:
Legitimate filiation is the relationship of kinship between a child —
as a result of a valid marriage — and his or her parents. The lineage
bond between parents and children stems from this filiation, which
gives the child the right to belong to his or her parents.12
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