CChapter 3: Comparative analysis of nationality laws
disabilities” is ineligible for naturalisation.131 In Tunisia,
an applicant for naturalisation may not have a
“physical state making them a burden or danger to
the community”,132 which may also be interpreted to
the detriment of persons with certain disabilities. This
type of clause not only violates international standards
of equal treatment, it may form a real obstacle to
naturalisation, including where the applicant is
stateless and this procedure would otherwise offer
a solution. Meanwhile, in Mauritania, not only are
there criteria within the naturalisation provisions
that discriminates against persons with disabilities,
but if a person who has successfully naturalised is
subsequently found, within a year, “to be physically or
mentally disabled”, this nationality can be withdrawn
– even if this renders the person stateless.133
Other, less common, preconditions for naturalisation
may also pose an insurmountable obstacle for some
individuals and can block the route to nationality for
stateless people resident in the country. For instance,
in Kuwait, “belonging” is defined not just on linguistic,
but also religious grounds: an applicant must know
the Arabic language and be Muslim in order to
naturalise – preventing any non-Muslim from acquiring
131 - Article 4(c), Syria Nationality Law No. 276, 1969.
132 - Article 23(4), Tunisian Nationality Code (Decree No. 63-6), 1963.
133 - Articles 19(1) and 14, 1961-112 Law on Mauritanian Nationality, 1961.
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