Eliyeh Delavari
and international human rights organisations and activists, a substantial reform to the law was
approved. The amendment which allows children born to Iranian women and foreign men to
acquire nationality regardless of whether they are born inside the country or abroad 9 .
Nonetheless, certain gaps are still remaining and more reforms are needed to ensure that Iranian
nationality law is in line with international human rights standards.
The following sections of this report take a close look at the historical process of
regulating citizenship in Iran and also focuses on the current modes of acquisition and loss of
Iranian nationality along with the issue of gender discrimination. Moreover, a number of reform
options in accordance with international norms, in particular with regard to the elimination of
gender inequality in law, are discussed.
2. An Historical Overview of Citizenship Regulations in Iran
2.1. Some Terminological Remarks: Nationality vs Citizenship
In Farsi, the term tabeiat [ ]ﺗﺎﺑﻌﯿﺖis the corresponding term to nationality which literally means
allegiance. However, in legal literature the term is used to describe the political relationship
between an individual and the State which results in both rights and obligations 10 . Some
scholars, nevertheless, have suggested a more comprehensive definition of the term11. They
claim that the term tabeiat indicates a political and intellectual relationship between an
individual and a State. Their argumentation is that nationality is not something that is dependent
on one’s habitual residence but it is rather an intellectual relationship that one is always
preserving with their country of nationality regardless of where they live12.
This is while others believe that the relationship is purely a legal one and should be
defined as the legal belonging of an individual to a nation or State13. Meliat [ ]ﻣﻠﯿﺖis another
term with a similar meaning for the term nationality in Farsi which is slightly different than the
term tabeiat. In Iranian legal literature, the former has more of a sociological value while the
latter possesses a legal and political value. In other words, the term meliat mostly implies an
individual’s membership of a nation or State in a sociological context. However, the term
tabeiat indicates the existence of a political and legal bond between an individual and a State14.
9
Guardian Council Ratifies Bill Granting Citizenship to Children of Iranian Mothers, Foreign Fathers, Islamic
Republic News Agency, 2019, available at:
https://en.irna.ir/news/83500806/Guardian-Council-ratifies-bill-granting-citizenship-to-children.
10
١٣۵ ص,١٣٨١ , ﮔﻧﺞ داﻧش: ﺗﮭران, ﺗرﻣﯾﻧوﻟوژی ﺣﻘوق, ,ﻣﺣﻣد ﺟﻌﻔر ﺟﻌﻔری ﻟﻧﮕرودی. (Mohamad-Jafar Jafari Langroudi, the
Legal Terminology, Tehran: Ganje Danesh, 2002, page 135).
11
٣۶ ص,١٣٩٠,اﮔﮫ: ﺗﮭران, ﺣﻘوق ﺑﯾن اﻟﻣﻠل ﺧﺻوﺻﯽ, ﻧﺻﯾری ﻣﺣﻣد. ( Mohammad Nasiri, Private International Law,
Tehran: Agah, 2011, page 36).
12
٢٧ـ٢۶ ص,١٣٩٠,اﮔﮫ: ﺗﮭران, ﺣﻘوق ﺑﯾن اﻟﻣﻠل ﺧﺻوﺻﯽ, ﻧﺻﯾری ﻣﺣﻣد. ( Mohammad Nasiri, Private International Law,
Tehran: Agah, 2011, pages 26-27).
13
١٣٧ ص,١٣٩٠, ﻣﯾزان: ﺗﮭران, ﺣﻘوق ﺑﯾن اﻟﻣﻠل ﺧﺻوﺻﯽ,ﺳﻠﺟوﻗﯽ ﻣﺣﻣود. ( Mahmoud Saljoughi, Private International Law,
Tehran: Mizan, 2011, page 137).
14
١٣٢ ص,١٣٩٠,اﮔﮫ: ﺗﮭران, ﺣﻘوق ﺑﯾن اﻟﻣﻠل ﺧﺻوﺻﯽ,ﻧﺻﯾری ﻣﺣﻣد. ( Mohammad Nasiri, Private International Law,
Tehran: Agah, 2011, page 132).
2
RSCAS/GLOBALCIT-CR 2020/13- © 2020 Author(s)