Nationality and Cases of Statelessness in the Middle East and North Africa
at odds with article 9 of CEDAW, the first paragraph
of which compels states to ensure, among others,
that the “neither marriage to an alien nor change
of nationality by the husband during marriage shall
automatically change the nationality of the wife,
render her stateless or force upon her the nationality
of the husband”. In these states, children can also
be stripped of their nationality in conjunction with a
parent who is denaturalised and they, too, may be
left stateless in the process. This is also the case in
certain circumstances in Bahrain, Jordan and Libya –
and in the first two of these, a nationality acquired by
birth may also be affected. All such provisions which
allow the effect of loss or deprivation of nationality to
extend to a spouse or child without a safeguard to
avoid statelessness contravene article 6 of the 1961
Statelessness Convention. Where the effect is on a
child, they may also raise questions under article 8
of the Convention on the Rights of the Child which
protects the child’s right to preserve his or her identity,
including nationality.
3.4 Further common elements of
MENA countries’ nationality laws
In the preceding sections, the conditions set by MENA
countries for the acquisition and loss of nationality
were presented in some detail. As such, the bulk of
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