EXECUTIVE SUMMARY
In its preamble to the Constitution, Lebanon noted its commitment to
the Universal Declaration of Human Rights, which stipulates that all
persons are free and equal regardless of gender, colour, belief, religion
or other characteristics. The Declaration provided for 30 human rights,
including the right to non-discrimination, the right to nationality,
the right to freedom of expression, the right to education, the right
to seek asylum, and additional civil, political, economic, social and
cultural rights. All these rights have equal status and are indivisible
— no right is more important than another — and the denial of one
right may frequently impede the enjoyment of other rights.1 Lebanon
has also committed itself in the preamble of its Constitution to the
principles and charters of the United Nations that the State embodies
in all areas. In its Decision 1 of 12 September 1997, the jurisprudence of
the Constitutional Council established that the principles set forth in
the preamble to the Constitution have constitutional power, as are the
provisions of the Constitution itself. The preamble of the Constitution
is an integral part of it.2
including (1) amending the Nationality Law to give Lebanese
women equal rights to pass on their nationality to their children
and (2) amending the provisions of the law related to nonregistered persons including waiving fees for DNA testing and
ensuring swift judicial proceedings.7
The Lebanese Constitution stipulates that Lebanese nationality,
the manner in which it is acquired, retained, and lost shall be
determined in accordance with the law3 and that all Lebanese
shall be equal before the law. They shall equally enjoy civil and
political rights and shall equally be bound by public obligations and
duties without any distinction.4 However, the Constitution does not
contain any text that defines discrimination as stipulated under
international conventions and prohibits it based on them, on the one
hand. On the other hand, although it provided for equal citizenship
rights before the law, it did not stipulate their equality before the
law, primarily because religious courts deal with all matters related
to personal status, and each court refers to its own laws, resulting
in contradiction with constitutional provisions and the perpetuation
of discrimination and inequality in national legislations.5
•
Mothers of Lebanese origin and mothers who have acquired
Lebanese nationality and outlive their husbands can pass on
their nationality to their minor children.
•
Women of Lebanese origin and foreign women married to
foreigners who have acquired Lebanese citizen, as well as
the children of adult age of such a foreigner, may upon their
request, obtain Lebanese nationality without satisfying
conditions for residency, whether by virtue of the regulation
giving nationality to the husband, the father or the mother or
through a special regulation.
On 12 September 2019 the Lebanese Government adopted its
first National Action Plan (NAP) to implement UN Security Council
Resolution 1325 on Women, Peace and Security, which was developed
under the leadership of the National Commission for Lebanese Women
on behalf of the Government. This plan provides a comprehensive
national framework for Lebanon’s long-term stability and security and
is essential to achieving the 2030 Sustainable Development Goals.6
The NAP includes five strategic priorities:
•
Women’s participation in decision-making at all levels (security
and defence, politics and public affairs, and economic life).
•
Prevention of Conflict.
•
Prevention of and protection of women/girls from genderbased violence.
•
Relief and recovery.
•
Legislative framework.
The interventions mentioned in the NAP’s section on legislative
frameworks include the adoption and amendment of laws,
4
The legal reality differs from that of the above as the Lebanese
Nationality Law No. 15 of 19 January 1925 contains clear
discrimination between Lebanese men and Lebanese women in
conferring their nationality to foreign spouses and children. A man
grants his Lebanese nationality to his foreign wife and children
without any restrictions. However, a Lebanese woman cannot
pass on her Lebanese nationality to her foreign spouse or children
unless her children are illegitimate.
The Lebanese nationality law also makes a clear discrimination
between:
With regard to the rulings issued by the Lebanese courts of various
degrees, there appears to be an apparent contradiction in the
interpretation and application of particular articles of the Lebanese
Nationality law, particularly those relating to Lebanese women
passing on their nationality to their children, and this study will
address these provisions in detail.
Most of the research and studies on obstacles of a Lebanese woman
passing on her nationality to her children are based on political
constraints and do not discuss the social, economic and educational
implications of this discrimination. Moreover, most of these studies
address the right of a Lebanese woman to pass on her nationality
to her child if he or she is illegitimate, without further elaborating
and discussing Article 4 of Law No. 15 of 1925, which deals with the
right of women who have acquired Lebanese nationality, and their
distinction and preference over women of Lebanese origin.
Despite campaigns led by civil society organizations to enact a law
stipulating that Lebanese women pass on their nationality to their
children, through equal rights, and amending laws to comply with
international conventions and to ensure gender equality in and before
the law, Lebanese legislators continue to enact new discriminatory
laws against women. As an example, on 12 November 2015, Parliament