The Plight of the Rightless: Mapping and Understanding Statelessness in Tripoli-V1.3
1. Children of naturalised fathers who, for many reasons (omission by the father or by state
authorities), were not granted the Lebanese nationality alongside their father, may in
theory file a lawsuit to get registered and/or naturalised. In fact, legal experts still debate
the type of lawsuit that needs to be filed (personal status or nationality) and the competent
jurisdiction. Moreover, these cases if and when open, have very rarely led to a final ruling.
It is worth mentioning in this respect that a remarkable decision has been rendered lately
by the Court of Cassation under No 38 dated 2-7-201576 clearly stating that children of
naturalised fathers, who were not granted the Lebanese nationality alongside their fathers,
can file a lawsuit before the Sole Judge on the grounds that their case is a civil status case
and not a case of nationality.
2. The Naturalisation Decree has only partially addressed the case of under-study
individuals. It only covered those, among them, who applied for the nationality while not
addressing the case of individuals whose files should have been under-study for decades
by then.
3. The politically charged nature of the decree has made most judges refrain from ruling on
cases pertaining to naturalised individuals.
4. The sectarian nature of Lebanese politics and society has weighed heavily on judiciary
and administrative processes related to nationality. While unwritten, authorities have
sought to avoid further sectarian divisions on these issues by seeking some form of
balance across regions and confessions before moving forward with individual cases. This
consideration has been further delaying pending cases.
] على خانة والدهما انم يش ّكل في هذه الحالة دعوى نفوس وليس دعوى جنسيّة طالما ثبت ان هذا...[ وحيث أن طلب قيد المميزين76
[…] وطالما ان والديه طالبي القيد كانا قاصرين1994/5247 األخير يحمل الجنسيّة اللبنانيّة منذ تاريخ اكتسابه لها بموجب المرسوم
.عندما اكتسب والهما الجنسيّة
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