ChChapter 2: Origins and influences of nationality law
Kuwait, can also be considered as expressions of the
inclusiveness of religious ties regardless of nationality
status.60 But also with regard to the enjoyment of
nationality rights, the role of the culture and religion
can be a very positive one. A concrete example is the
inclusion of the right to a nationality in both the Arab
Charter of Human Rights61 and the Covenant on the
Rights of the Child in Islam.62 This means that countries
in the region are committed to protecting nationality
rights not just through relevant commitments to UN
instruments but also through their own region and
context-specific normative frameworks. The central
importance which is placed on the development of
a family and the protection of the family unit within
Arab culture and Islamic traditions may also be an
avenue for the strengthening of nationality rights.
For example, marriage is a religious duty in Islam and
serves to fulfil half of a Muslim’s religious duties. Recent
research conducted in the MENA demonstrates the
detrimental effect of gendered nationality policies
and of statelessness on the ability to marry, start a
family and maintain the family structure, thereby
suggesting that the improvement of nationality policy
60 - Issue brought up by both Kuwaiti and Bidoon interviewees during meetings
conducted by Z. Albarazi in the context of field research in Kuwait for the
Women’s Refugee Commission project on the impact of gender discrimination
in nationality laws, March 2013.
61 - Article 29.
62 - Article 7.
51
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