Undocumented Children in Iran substance use disorder.16 Because of the gaps in the aforementioned laws, these children cannot obtain Iranian nationality and have difficulty accessing social services, including public education.17 AFGHANS WITHOUT DOCUMENTATION It is estimated that around 2 million undocumented Afghans are living in Iran,18 many of whom fear arrest, detention or deportation by not having Iranian lawful residence documents. This population has limited access to the job market and no access to bank accounts, health and social security insurance, the right to acquire property and, until very recently, primary or secondary education. 19 Within this population, some individuals have no proof of Afghan nationality. While many were born and have lived in Iran for years, they are not able to obtain Iranian nationality despite art 976(4) and, at the same time, they have lost their ties with Afghanistan and are sometimes unable to meet the requirements for obtaining an Afghan identification card (‘Tazkira’), making them undocumented in both countries.20 In addition to the difficulties in obtaining Tazkira, home births and non-registration of births (due to financial reasons or cultural beliefs) are other challenges that makes it difficult for some Afghans to obtain documentation. CHILDREN OF IRANIAN MOTHERS AND NON-IRANIAN FATHERS WITHOUT VALID DOCUMENTATION The last category includes those born to an undocumented non-Iranian father and an Iranian mother. Until very recently, Iranian law did not allow nationality to pass through the mother until the child turned 18 years old.21 This legal constraint created a challenging situation for many children who did not have access to the basic rights enjoyed by Iranians and many of whom lived in poverty. In 2017, the Ministry of Welfare conducted a survey of Iranian women married to non-Iranian men and found that there are about 15,000 Iranian women married to non-Iranian men and 49,096 undocumented children.22 The survey also indicated that 60% of husbands were Afghan, 12% Iraqi and 28% were from other nationalities. This 16 17 18 19 20 21 22 ‘The Chairman of the Social Committee of the City Council Stated That the Negligence of the Officials on the Issue of Addicted Women is Harmful/Most of the Addicted Children and Mothers Are without Identity Cards’, Islamic City Council of Tehran (Blog Post, 18 November 2016) <https://shora.tehran.ir/default.aspx?tabid=68&ArticleId=7056>. Hamideh Aminifard, ‘Finding the Root of the Phenomenon of “Children without Identity” in a Conversation with Fatemeh Daneshvar’, Magiran (online, 18 September 2017) <https://www.magiran.com/article/3630202>. ‘Refugees in Iran’, United Nations High Commissioner for Refugees (Web Page) <https://www.unhcr.org/ir/refugees-in-iran/>. ‘Start of a New Phase of the Census Plan for Illegal Afghan Citizens in Iran/Ten Day Deadline to Receive a Scholarship’, Shafaqna (online, 5 July 2017) <https://af.shafaqna.com/FA/ 211136>; ‘Regulation on How to Educate Foreign Nationals’, Research Center of the Islamic Consultative Assembly (Web Page) <https://rc.majlis.ir/fa/law/show/963800>. ‘Essential Points for Receiving ID Cards and Electronic Passports of Afghan Immigrants in Iran’, Shafaqna (online, 13 October 2017) <https://af.shafaqna.com/FA/230242>; ‘Absentee ID’, Consulate General of the Islamic Republic of Afghanistan (Web Page) <https://www.bonn.mfa.af/fa/consular-affairs/absentee-tazkira.html>. Amending Law 2006 (n 10). ‘With the Approval of the Guardian Council, Passing Nationality through Mother is Now Possible in Iran’, BBC News (online, 2 October 2019) <https://www.bbc.com/persian/iran49903142>; Meydari (n 3). 143