Syrian Citizenship Disappeared
less located within the site, such as
large parts of lands owned by al-Basha, were registered into the name
of the Syrian Arab Republic. Other
properties were transferred into
the name of municipalities111 of the
areas where delimitation and registration took place.» It is worth mentioning that landowners could and
did appeal the decisions of the judge
before the Court of Appeal, which in
turn took steps towards overruling
the judgments. Cases are now pending. On the other hand, some stateless attempted to purchase their
old properties back from the state
and municipalities. The state firmly
refused in the cases where the residential properties were registered
as state ownership, but allowed the
purchase of the properties that were
registered in the name of municipalities. Solutions for properties of state
ownership have yet to be found.”112
5.15. The Right to Marry and to Found a
Family
1. Men and women of full age, without
any limitation due to race, nationality or
religion, have the right to marry and to
found a family. They are entitled to equal
rights as to marriage, during marriage and
at its dissolution.
3. The family is the natural and fundamental group unit of society and is entitled to
protection by society and the State.
Article 16 Universal Declaration of Human
Rights
1. The family is the natural and fundamental group unit of society and is entitled to
111 Properties registered in the names of municipality
are designated for public interest such as schools, parks,
roads, etc. Additionally it is purchasable.
112 He comes from Ras al-Ein/Sari Kani. He emigrated
from Syria in 2014 and currently lives in Austria. He had
been a lawyer until he left Syria. The interview was conducted via the Internet on July 30, 2018.
36
protection by society and the State.
2. The right of men and women of marriageable age to marry and to found a
family shall be recognized.
Article 23 International Covenant on Civil
and Political Rights
Although the right to form a
family is considered a basic right, stateless people are barred from exercising it.
Our research shows that the main obstacle lies in the impossibility for them to
register their marriage or the birth of
their children. Beyond the administrative
hardship, this also impact the social fabric, as,
foreseeing the obstacles this would entail, Syrian
citizens oftentimes would not consider marrying a
stateless. In that regard, it appears that women are
particularly vulnerable.
1.5.15. Social Stigma Against the Stateless
The stigma associated to being stateless impedes
stateless on their way to social fulfiment.
Sido reported:
“A female friend of mine was ajnabiyah. She has graduated from the
Faculty of Law. Whenever a man proposed to marry her, he changed his
mind when he learned that she was a
stateless. That hurt her feelings and
she lost hope of a decent future.”
Male stateless encountered the same problem.
Mohammed Salih Ismael reported that his legal
status as maktum caused barriers whenever he
wanted to marry, adding:
“When I courted girls, they rejected
me because I had no future to offer. This made me feel mediocre and
prevented me from leading the life I
want. All I wanted was to register a
child of mine legally in the Personal
Status Department. I am even deprived of this right.”