METHODOLOGY
Over the past few decades, civil society organizations and national
stakeholders in Lebanon have made numerous efforts to amend
the Lebanese Nationality Law No. 15 of 19 January 1925 to allow
Lebanese women married to foreigner spouses to pass on their
nationality to their husbands and children. Over the past two years,
several political parties, deputies and ministers have submitted
draft bills to amend the Lebanese Nationality law, including:
•
Draft bill submitted by former Minister of Interior and
Municipalities Ziad Baroud.
•
Draft bill submitted by former parliamentarians Bahij Tabbara
and Pierre Dakkash.
•
Draft bill submitted by the former member of parliament Imad
Al-Hout.
•
Draft bill introduced by former Minister for Foreign Affairs,
Gebran Basil, on 21 March 2018, to amend the Nationality Law
so that Lebanese women can pass on their nationality to their
families upon marriage to a foreigner, excluding marriages
from neighbouring countries.
•
Draft bill submitted by the Democratic Gathering Bloc that lifts
all forms of discrimination between men and women in the
Lebanese Nationality Law.
•
Draft bill presented by member of parliament Rola Tabesh to
allow Lebanese mothers to confer their nationality to their
children on an equal footing with Lebanese men.
•
Finally, a draft bill presented by the National Commission for
Lebanese Women (NCLW) in May 2019 that gives Lebanese
women married to foreigners the right to pass on their
nationality to their minor children as soon as the law enters into
force. As for children who have reached the age of eighteen
upon or after this law comes into force, they have the right
to obtain a green card assuming all civil, economic and social
rights the Lebanese enjoy, with the exception of political rights,
the right to hold various public jobs, and the right to own real
estate except through the Law of Acquisition of Real Estate
Rights by Foreigners in Lebanon.
The National Commission for Lebanese Women prepared this
study as part of its follow-up to the proposed amendments to the
Lebanese Nationality Law to enable a Lebanese mother to pass
on her nationality to her children. The study includes information
on the availability of statistical data. It also reviews the adverse
effects of the deprivation of Lebanese women married to foreigners
from passing on their nationality to their children on the economic,
political, health, educational, social and family levels.
The methodology that was adopted for this legal study is as follows:
A desk review was undertaken on relevant national efforts and
arguments for and against the adoption of amendments to the
Nationality Law; a review of Lebanese laws on nationality and rulings
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issued from Lebanese courts, in addition to relevant research and
studies.
The study also included efforts to obtain data and statistics through
written correspondence to each of the following institutions:
•
Ministry of Interior and Municipalities.
•
Directorate of Personal Status and Directorate of Refugee
Affairs.
•
Directorate of Internal Security Forces.
•
Directorate of General Security.
•
Ministry of Foreign Affairs and Expatriates.
•
Ministry of Health.
•
Ministry of Education and Higher Education.
Bilateral meetings were also carried out with the Ministry of Justice,
and interviews were conducted with eleven Lebanese women
married to foreigners and/or their children to demonstrate the
challenges they face.
This legal study on the right of Lebanese women married to
foreigners to confer their nationality to their children includes
recommendations to counter allegations that have been used to
impede amendments to the Nationality Law and recognize the rights
of Lebanese mothers to pass on their nationality to their children. It
also includes recommendations at the individual, community and
institutional levels.