repealed (Article 40). Finally, any time spent under house arrest or in fulfilling a prison sentence
cannot count towards duration of residence for any of the modes of acquisition of Ivorian
nationality.
Those who acquire Ivorian nationality, except for those who naturalize, are entitled to
benefit, from the date of acquisition, from all the rights attached to Ivorian nationality, subject to
any special laws (Article 42).
By contrast, naturalized foreigners are subject to the following restrictions (incapacités)
pursuant to Article 43: (1) the naturalized national cannot be invested with any elected function or
office for which Ivorian nationality is required for 10 years; (2) the naturalized national cannot vote
when Ivorian nationality is a requirement for enrollment on the voter lists for five years; and (3) the
naturalized national cannot be named to public functions attributed by the State, become a member
of the legal bar, be named as a titleholder of a ministerial office, or exercise a liberal profession that
is regulated by national order for five years. The naturalization decree can waive these restrictions
for those who naturalize for rendering exceptional services or presenting exceptional interests to
Côte d’Ivoire.
3.2.6. Subsidiary acquisition of nationality by children of parents who acquire Ivorian
nationality
Article 45 allows for minor children to acquire Ivorian nationality as a matter of right
according to the same mode of acquisition as their parents, provided that filiation is established in
conformity with Ivorian law. This article, however, continues to discriminate against women in their
ability to confer Ivorian nationality on their children and raises a risk of statelessness. According to
Article 45(1), a minor child (born in wedlock or legitimated) acquires Ivorian nationality as a matter
of right at the time that his or her father acquires Ivorian nationality. By contrast, only the minor
child (born in wedlock or legitimated) of a widowed mother who acquires Ivorian nationality will also
acquire Ivorian nationality. In other words, a woman who has acquired Ivorian nationality cannot
confer subsidiary Ivorian nationality upon her children unless her spouse has died. This relic of
gender discrimination should be rectified in future nationality law reform efforts.91
Article 46, however, prohibits married minor children or children who are serving or who
have served in the armed forces of their country of origin from acquiring Ivorian nationality through
their parents pursuant to Article 45. Furthermore, Article 47 prevents a minor child from acquiring
Ivorian nationality via his or her relevant parent or legal guardian if the child was subject to an
expulsion order, assigned to house arrest, convicted for a crime or infraction with a sentence of
more than six months’ imprisonment, or failed to comply with Côte d’Ivoire’s laws regarding the
entry and stay of foreigners.
The rules regarding subsidiary acquisition of Ivorian nationality by minor children with at
least one parent who acquires Ivorian nationality are extremely complex. Indeed, a full picture of
this regime requires placing Article 45 (which maintains gender-discriminatory rules, but allows for
acquisition of Ivorian nationality as a matter of right for children according to the same mode as a
parent) parallel to Article 28, which provides two special avenues for minors to acquire Ivorian
nationality by naturalization. Given that naturalization entails certain restrictions on public life for
five to ten years (Article 43), but that acquisition of Ivorian nationality as a matter of right through
adoption, marriage, or declaration does not, it would be beneficial for the rules on subsidiary
91
Article 45(2) allows for another category of minor children born out of wedlock to acquire Ivorian nationality
if the child’s parent who exercises parental authority, as understood in Article 9 of the Law on Minors, acquires
Ivorian nationality.
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