HARVARD HUMAN RIGHTS JOURNAL ONLINE
JANUARY 2015
The remainder of this article establishes that the intersection of discrimination
in nationality law, criminalization of adultery, and stigmatization of births outside of
marriage creates a risk of statelessness for non-‐‑marital children in the MENA region.
In some cases, it is impossible to register the birth of a non-‐‑marital child. Even where
safeguards explicitly allow for conveyance of nationality for non-‐‑marital children,
some parents will not register their children for fear of governmental or societal
repercussion. Children left without confirmation of their identities, place of birth, or
descent, are then left at risk of statelessness.
Nationality laws
Most countries in the MENA region convey nationality by default through the
father. Many countries’ nationality laws allow women to pass their nationality if
the child’s father is stateless, unknown, or of unknown nationality,21 but these
safeguards are simply not implemented in many countries and thus remain illusory.
Provisions that allow children to take the mother’s nationality where the father’s
identity or nationality is unknown,22 taken literally, mean that the mother does not
know who the father is. Such provisions do not include situations in which a woman
knows who the father of the child is, but is not married to the father. Thus, if a child
results from adultery or even non-‐‑consensual sexual contact, the child would not
take the mother’s nationality because the father is not unknown.
20
Children born of coercive relationships during armed conflict may also be
rendered stateless.23 In Iraq, for instance, large portions of territory have been
controlled for months at various points by al-‐‑Qaeda and related militias.24 Under al-‐‑
Qaeda rule, militants forced young women into marriages, often without revealing
their own identities. Hundreds of children were born to militant fathers and Iraqi
mothers who were married in religious ceremonies but whose marriages were never
documented.25 Because those children cannot prove their paternity or ‘legitimacy,’
they are not recognized as Iraqi nationals and cannot obtain birth certificates,
passports, or national identification cards. Without documentation, the children
cannot enroll in school or access state services. Their mothers, as well, are subject to
social stigma, seen as single mothers who have had children out of wedlock.
Adultery laws
UNHCR, supra note 7, at 2.
Id.
22 Id.
23 Michael Goodhart, Sins of the Fathers: War Rape, Wrongful Procreation, and Children’s Human Rights, 6
J. HUM. RTS. 307, 307–309, 319 (2007).
24 Leila Fadel, Children of al-‐‑Qaeda in Iraq Pay for Sins of their Fathers, WASH. POST (Sep. 21, 2010),
http://www.washingtonpost.com/wp-‐‑dyn/content/article/2010/09/20/AR2010092005696.html.
25 Id.
20
21
4
Electronic copy available at: https://ssrn.com/abstract=2547550