their foreign nationality because of gender discrimination in the nationality law of the mother’s
country.
20. The Socialist Progressive Party made an additional proposal aimed at lifting all genderdiscriminatory provisions in the nationality law. This proposal also extended the jus soli principle
to children born in Lebanon to stateless persons who hold a residency permit, “Qayd ad Dars”
(under study) parents. Lebanon considers this category of foreigners to be of an unidentified
nationality.39
21. Another related proposal to amend the Juvenile law was submitted by the head of the
Parliamentarian Women and Child Committee. It proposes to consider the stateless child as an
“at risk” child under the protection of the juvenile judge40 who may take measures to protect the
child, including from statelessness. None of these proposals were discussed by the Parliament.
22. In September 2017, the Personal Status General Directorate issued Circular 34 dated 12/9/2017,
exempting Syrian refugees from presenting a valid residence permit to register their children.41
On 8/2/2018, the Council of Ministers issued Decision 93 exempting the administrative
registration of Syrian births taking place between 1/1/2011 and 8/2/2018 from the one-year
deadline.42 This measure was extended on 9/2/2019 to cover births up to 9/2/2019.43 However,
these measures are limited to Syrians and do not extend to other migrants or to Lebanese
themselves.
Discrimination in Lebanon's domestic law
23. The Lebanese constitution is silent on issues of nationality and statelessness, save for stating that
"Lebanese nationality and the manner in which it is acquired, retained, and lost is to be
determined in accordance with the law”.44
24. Article 2 of Lebanon's Code of Civil Procedures provides that where national law conflicts with an
international treaty, the latter will prevail. In principle therefore, as Lebanon is a signatory to the
ICCPR, CRC, and CEDAW, the terms of these treaties should prevail. Despite these legal
requirements, the state has not upheld its obligations related to nationality rights and nondiscrimination as mandated in these Conventions.
Gender discrimination in acquisition of nationality
25. The acquisition of Lebanese nationality follows the jus sanguinis and jus soli principles. The main
source of nationality law is the 1925 Nationality Law. 45 Article 1 provides that every child born to
a Lebanese father is Lebanese. This applies to children born within marriage, and in limited
circumstances, to children born outside of legal marriage. According to the law, a Lebanese
woman can only pass her nationality to a child born outside of legal marriage.46
39Available
at: http://nna-leb.gov.lb/ar/show-news/358867/nna-leb.gov.lb/en
http://nna-leb.gov.lb/ar/show-news/405405/
41 Directorate General of Civil Status, available at: https://www.dgcs.gov.lb/arabic/decisions
42 Ibid.
43 Ibid.
44 Article 6 of the constitution.
45 Decree No 15 on Lebanese Nationality including Amendments [Lebanon], 19 January 1925, available at:
https://www.refworld.org/docid/44a24c6c4.html [accessed 3 July 2020]
46 EUDO CITIZENSHIP OBSERVATORY COUNTRY REPORT: LEBANON Melkar el-Khoury, Thibaut Jaulin September 2012.
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