Nationality not Naturalization - The Rights of Lebanese Women to Full Citizenship and to Confer their Nationality to their Children
approved a bill establishing conditions for the recovery of nationality
to enable expatriates and descendants of Lebanese origin to regain
citizenship. The law passed is based on gender discrimination; only
male descendants of Lebanese ancestry can benefit from it. The
Law includes three references to “males” (one of his male ancestry
or male relatives) as distinct from females and two references to
“father” (from his father) as distinct from the mother.
On 7 June 2016, the Constitutional Council issued Decision 1, dismissing
the appeal submitted by the deputies of the Democratic Gathering bloc
on the law to recover Lebanese Nationality. The Decision did not address
the unconstitutionality of the law that discriminates on the basis of sex.
The Decision was passed by majority vote of nine to one objection made
by the Vice President of the Constitutional Court, Judge Tarek Ziadeh,
who disagreed with the majority opinion in two areas:
First, the Council should have examined the constitutionality of all
provisions of the law, even if it was not included in the appeal that
was submitted.
Second, the law was passed through discriminatory provisions
against women and was contrary to the principle of equality
between all citizens as enshrined in the Constitution, stressing
that “Lebanese citizens are meant to be male and female without
distinction or discrimination between them”.
Also notable is the lack of accurate statistics showing the number
of Lebanese women married in Lebanon and abroad to foreigners
and the distribution of this number according to nationality and
religious denomination. Rather, most of the figures in circulation
are contradictory and inaccurate. It should be noted that the
relevant ministries and departments did not cooperate in providing
information concerning Lebanese women married to foreigners and
their children. This led to a lack of transparency and the inability
to access information, thereby preventing full rights to Lebanese
women and adopting necessary legal amendments in accordance
with the Lebanese Constitution, international conventions, and the
Bill of Human Rights.
It can be said that this situation suits certain politicians and decisionmakers in appropriating some of these reasons and linking them to
politics and demographics in order to deny Lebanese women the
right to pass on Lebanese nationality to their children. Although these
politicians and decision-makers advocate for women’s causes and
their rights to citizenship, political participation and other rights during
their electoral campaigns, when they assume their parliamentary or
ministerial seats, women’s causes become mere promises linked to
the political and sectarian makeup of the country.
The time has come to seek new strategic plans and create new legal
jurisprudence whereby a Lebanese woman married to a foreigner
has the right to confer her nationality to her children by promoting
the Lebanese judiciary to exercise its jurisprudence and apply the
principles of natural law and justice. These are a source of law and
legal references for courts to utilize when there is no explicit legal
provision for judges to use diligence in their opinions so they can
adjudicate and settle disputes brought before them based on the
principles of justice and fairness.
This study examines the Lebanese Nationality Law 15 of 1925 and
the judicial rulings issued in this regard, particularly those issued by
the Lebanese Court of Cassation, which shows contradictory rulings
and sheds light on the jurisprudence of the Lebanese judiciary in
interpreting the provisions of the Lebanese Nationality Law. The
study also discusses the implications for Lebanese women who are
not able to pass on their nationality to their children at various levels
and presents figures and statistics provided by some departments
and statements of ministries that did not provide the National
Commission for Lebanese Women with numbers and information
on Lebanese women married to foreigners and their children. The
study concludes with a set of recommendations at the individual,
community and institutional levels.
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