The Syrian Initiative to Combat Statelessness
74
I- The original criteria for granting
nationality in Syrian legislation:
It is clear that Syrian legislation relied on a set of basic criteria, i.e.:
- Paternal filiation (jus sanguinis)
as a primary requirement:
In paragraph (b), the legislature decided that original nationality may be
proven based on maternal filiation, however, backed by jus soli and only to
children born out of wedlock. Therefore, a child born out of wedlock born
to a Syrian mother is not considered Syrian if he/she was born outside
Syria. Which means that being born to a Syrian mother does not grant the
automatic acquisition of her nationality, except under certain conditions,
i.e., the child should be illegitimate and born inside Syria.
- Maternal filiation to be backed
by jus soli proof and exceptional
to the case of unproven paternal filiation:
In paragraph (b), the legislature decided that original nationality may be
proven based on maternal filiation, however, backed by jus soli and only to
children born out of wedlock. Therefore, a child born out of wedlock born
to a Syrian mother is not considered Syrian if he/she was born outside
Syria. Which means that being born to a Syrian mother does not grant the
automatic acquisition of her nationality, except under certain conditions,
i.e., the child should be illegitimate and born inside Syria.
- Jus soli for certain groups specified by law:
The legislature adopted the jus soli principle as the primary basis to prove
the original Syrian nationality of specific groups of children in an attempt
to prevent statelessness. The groups are:
- children born inside Syria to unknown parents (foundlings).
- children born inside Syria to known parents of unknown nationality.
- children born inside Syria to known parents, but they do not hold any
nationality (stateless) at birth.55
55
Davis, Uri. “CITIZENSHIP LEGISLATION IN THE SYRIAN ARAB REPUBLIC.” Arab Studies
Quarterly, vol. 18, no. 1, 1996, pp. 29–47. JSTOR,..
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