FRONTIERS RIGHTS
SEEKING NATIONALITY
THE JUDICIAL ODYSSEY OF APPLICANTS
TABLE OF CONTENTS
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7
9
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PART I
LEBANON HOST A LARGE STATELESS POPULATION
Causes of Statelessness in Lebanon
17
General Features Of Stateless Individuals In Lebanon 17
Historical and Administrative Causes of Statelessness 22
ADMINISTRATIVE CAUSES
22
Stateless children born to Lebanese parents
22
Stateless children born to non-Lebanese parents
24
HISTORICAL CAUSES 24
Stateless of Ottoman origin
25
Stateless of non-Ottoman origin 26
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SEEKING NATIONALITY | TABLE OF CONETENT
Acknowledgements
Foreword
Glossary
Introduction
PART II: ACCESSING THE JUDICIARY TO END STATELESSNESS
26
LATE BIRTH REGISTRATION LAWSUITS
28
Jus Sanguini – Late Birth Registration Lawsuits
29
A. Jus Sanguinis Lawsuits - Children born to a Lebanese father - Article 1 (1) of decision 15/1925 29
B. Jus Sanguinis Lawsuits - Children born out of wedlock - Article 2 of Decision 15/1925
31
NATIONALITY LAWSUITS
33
Jus Soli Lawsuits on Grounds of Article 1 (2) of Decision 15/1925 34
Jus Soli Lawsuits - Article 1(2) of Decision 15/1925 in conjunction with Article 12 of Decree no. 8837/1932 36
Jus Soli Lawsuits on Grounds of Article 1 (3) of Decision 15/1925 37
Jus Soli Lawsuits on Grounds of Article 1 (2) and (3) of Decree 15/1925 Combined
40
Lawsuits on Grounds of Article 1(2) and (3) of Decision No. 15/1925 in conjunction with Article 1 of Decision No. 2825 41
Lawsuits of Nationality by Marriage - Article 5 of Decision No. 15/1925
43
PART III: Access to Justice: A Complex and Hardship Pathway for Stateless Individuals
Access to Justice: A Fundamental Human Rights Principle
44
Poor Application of Laws
46
Single Judges Malpractices in Birth Registration lawsuits
46
Different Interpretation of Legal Concepts in Nationality Lawsuits 47
Persistent Problems In Providing Proof Of Evidence 51
The Rugged Road to Access Justice
54
Poor Knowledge of Laws and Procedures 54
Wrong Advices
55
Costs Beyond Means 58
Long Delays in Judicial Processes
64
Delays in Hearings 68
CONCLUSION AND RECOMMENDATIONS
References
44
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