Report on Citizenship Law: Iran There is no difference between men and women in renouncing Iranian nationality. However, it is not clear as to whether an Iranian married woman is able to renounce her Iranian nationality. The doubt stems from the fact that, on the one hand, Iranian rules on nationality reflect the principle of unity of citizenship, and on the other hand, the rules set out for determining the impact of renunciation on family members does not indicate for such an impact on the husband where the wife renounces her nationality103. Note B of Article 988 is only regarding renunciation of citizenship for unmarried women and its impact on their children. It states that, the Council of Minister may in the course of approving a renunciation application by an unmarried Iranian woman, approve the renunciation application of her children who are under 18 years of age only if the father or paternal grandfather are not reachable. Children above 18 and under 25 years of age are able also to apply separately on account of their mother’s renunciation application. It should be recalled that this exemption applies only to the age requirement and does not apply to other conditions relating to the renunciation of citizenship, which are required by law, such as military service104. The negative aspect of the Article is, however, that it does not require the applicant to prove that the applicant will be recognised as a citizen in the other country. In other words, the law allows for the renunciation of Iranian nationality before another nationality is acquired. The law, nonetheless, provides for such a safeguard against statelessness under a different article by stating that those who wish to renounce their Iranian nationality and acquire that of their father (in the case of children born in Iran of two foreign parents, one of whom has been born in Iran) need to submit an evidence to the Ministry of Foreign Affairs along with their application, indicating that their father’s country will recognise them as a citizen. In response to this gap in the law, it has been claimed that a broader interpretation of Article 990 of the Civil Code can prevent cases of statelessness105. Given the possibility of reinstatement of Iranian citizenship laid down under this Article, it can be said that such an interpretation is essential if we believe that the rules and regulations of citizenship in Iran are moving towards the prevention and elimination of statelessness. 4.1.2. Renunciation of the Iranian Citizenship Due to Marriage An Iranian woman married to a foreign national retains her Iranian nationality, unless the nationality of the husband’s country imposes its nationality on the wife as a result of marriage106. It is provided that she can always reacquire her Iranian nationality in the case of dissolution of their marriage either by divorce or death of the husband107. Where, according to the nationality law of the country of the husband, the Iranian woman is granted the right to choose between retaining her own nationality or acquiring the one of her husband, and if she 103 Article 988 of the Civil Code does not provide for an answer regarding this matter. ‫ﺑﺎﯾﺳﺗﮫ‬،١٣٨٠، ٩٧ ‫ﻣﺣﻣود ﺳﻠﺟوﻗﻲھﺎي ﺣﻘوق ﺑﯾنص‬، ‫اﻟﻣﻠل ﺧﺻوﺻﻲ‬. (Mahmoud Saljooghi, The Rules of International Private Law 1st. ed, Tehran: Mizan publication, 2001, page 97). 105 ‫ﻣﺣﻣد ﻧﺻﯾری‬، ‫ﺣﻘوق ﺑﯾن اﻟﻣﻠل ﺧﺻوﺻﯽ‬،١٣٨٣، ٣٧‫ص‬. (Mohamad Nasiri, International Private Law, Tehran: Agaah publication, 2004, page 37). 106 Civil Code of the Islamic Republic of Iran, 23 May 1928, Art. 987. 107 Civil Code of the Islamic Republic of Iran, 23 May 1928, Art. 987. It is important to understand that in this case the woman reacquires her Iranian nationality by the mere submission of an application to the Ministry of Foreign Affairs, to which a certificate of the death of her husband or the divorce decree must be attached. 104 RSCAS/GLOBALCIT-CR 2020/13 - © 2020 Author(s) 15

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