Eliyeh Delavari
and cultural rights, in conformity with Islamic criteria”116. As mentioned above, Iranian law
grants nationality iure sanguinis but only by paternal line which means that Iranian mothers do
not possess the same rights as Iranian fathers to confer nationality onto their children. This
could be very problematic, in particular, in cases where the father is non-Iranian, unknown or
stateless. For this reason, women’s rights organisations, human rights advocates and even some
members of the Iranian Parliament have lobbied the Iranian government to establish gender
justice in the law117.
The issue was also raised by the Bureau of Legal Studies of the Iranian Parliament in
2005. The Bureau stated that “Without any doubt Iranian citizenship laws which were enacted
more than 70 years ago, need revision as they do not reflect the change in women’s roles and
their presence in society. Thus, the change in laws is necessary.”118 However, this was not a
straightforward matter as there were political and socio-cultural concerns about changing the
law to grant women equal citizenship rights119. Iranian authorities believed that such a change
in law would lead to more cases of marriages between Iranian women and foreign men in
particular Afghans. That, consequently, would increase the population of Afghans in the
country which was considered as a security issue for the government120.
Eventually, in the same year, among a number of amendments which were proposed to
Parliament on women’s citizenship rights, an amendment to Article 976 was approved by
Parliament. This led to a Constitutional Amendment by adding a single Article and two Notes
to Article 1060 of the Civil Code in 2006, allowing children born to Iranian mothers and foreign
fathers in Iran to apply for Iranian nationality after reaching the full age of 18 121 . The
Amendment was ratified during the open meeting of the Islamic Consultative Assembly
(Parliament), and approved by the Guardian Council on 21 September 2006. The text of the
Amendment is as the following:
“Children who are the result of marriage between foreign men and Iranian
women, who have been born in Iran, or are born in Iran within one year from
the date of the ratification of this law, will be able to apply for Iranian
citizenship when they reach the full age of 18. These persons will be accepted
as Iranian citizens if they lack criminal records or security violation
backgrounds and renounce their non-Iranian citizenship. The Interior
Ministry obtains evidence of the birth of the child in Iran as well as the issuing
of marriage permit as stipulated in Article 1060 of the Civil Law, and the Law
Enforcement Forces after being informed by the Interior Ministry issue the
116
Constitution of the Islamic Republic of Iran, 24 October 1979, Art. 20.
Ashraf Zahedi, ‘Transnational Marriages, Gendered Citizenship, and the Dilemma of Iranian Women Married
to Afghan Men’, Iranian Studies, Vol. 40; Iss. 2, 2007, page 235.
118
Ashraf Zahedi, ‘Transnational Marriages, Gendered Citizenship, and the Dilemma of Iranian Women Married
to Afghan Men’, Iranian Studies, Vol. 40; Iss. 2, 2007, page 236.
119
Ashraf Zahedi, ‘Transnational Marriages, Gendered Citizenship, and the Dilemma of Iranian Women Married
to Afghan Men’, Iranian Studies, Vol. 40; Iss. 2, 2007, page 236.
120
One of the concerns of the government was that, Afghans might be used by external forces to disturb the
political situation in Iran. Ashraf Zahedi, ‘Transnational Marriages, Gendered Citizenship, and the Dilemma of
Iranian Women Married to Afghan Men’, Iranian Studies, Vol. 40; Iss. 2, 2007, page 236.
121
Note 1– If persons to whom this Articles applies, are older than 18 years of age at the time of the approval of
this article, they must, within a period of one year, apply for Iranian citizenship.
Note 2 – Persons who after the date of the ratification of this law are born in Iran, are the result of marriage between
a foreign man and an Iranian woman, and the marriage of their parents has been registered from the inception of
the marriage in compliance with Article 1060 of the Civil Law, will be accepted as Iranian citizens within one year
after reaching the full age of 18 and without meeting the residence requirement stipulated in Article 979 of the
Civil Law. Available at: http://irandataportal.syr.edu/nationality-law.
117
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RSCAS/GLOBALCIT-CR 2020/13- © 2020 Author(s)