Under the amendment, such naturalisation is only possible upon reaching 18 years of age
and thus does not address childhood statelessness. In addition, the Act establishes difficult
eligibility requirements for naturalisation, including the proof of father’s documents and
proof of marriage, which excludes automatically children born out of wedlock.11
On this basis, the Committee recommended that Iran:
review the provisions of the Act … and ensure that all children who are born to Iranian
mothers, including children born out of wedlock, are entitled to Iranian citizenship on the
same conditions as children born to Iranian fathers. The Committee also recommends that
the State party provide information on the number of children born to Iranian mothers who
have been naturalised in its next periodic report.12
18. In a recent development, President Hassan Rouhani’s cabinet drafted and proposed a bill to
Parliament on 4 November 2018, that will allow Iranian mothers married to foreigners to
apply for Iranian nationality for their children upon their birth. The bill received
Parliamentary approval on 20 January 2019 and is awaiting approval of the Guardian
Council.13 The spokesperson for the Legal Commission of the Parliament stated that:
“According to this single article, the children of such marriages (either born before or after
the adoption of this law) can acquire Iranian nationality at Iranian mother’s request before
age of 18, and at their request above the age of 18. Iranian nationality will be granted if
there is no security issue involved, which the Ministry of Intelligence will determine. The
security verification should be carried out within 3 months and the police should proceed
with the residence permit for the non-Iranian father. If there exists ambiguity, the
relationship shall be proved by the court. The note to this article states if the applicant's
parent is not alive or available, in the case of ambiguity, the relationship shall be proved to
the court.” 14
19. As is evident from the above quote, while presenting an improvement, this law reform will
still not eradicate gender discrimination in the law, nor guarantee the child’s right to acquire
a nationality. Conditions such as those to establish that there is no security threat, and
establishing the relationship between the parents, are particularly problematic in this
regard.
11
CRC/C/IRN/CO/3-4, para 45.
Ibid, para 46.
13 Islamic Consultative Assembly News Agency, 20 January 2019. http://www.icana.ir/Fa/News/415896 [Accessed
March 09, 2019].
14 Islamic Consultative Assemly News Agency, 20 January 2019. http://www.icana.ir/Fa/News/415896 [Accessed
March 09, 2019].
12
5