HARVARD HUMAN RIGHTS JOURNAL ONLINE
JANUARY 2015
Why Non-‐‑Marital Children in the MENA Region Face a Risk of Statelessness
Betsy Fisher1
Abstract
International law guarantees each individual the right to a nationality. However,
this right is not always realized in reality, and the Middle East is home to several of
the world’s chronic stateless populations. Problematic laws and policies in the
region also result in new cases of individual statelessness. This article argues that a
combination of gender discriminatory nationality laws, civil registration
requirements, criminal penalties for adultery, and societal attitudes prevent or deter
unwed parents from registering their children’s births or transmitting nationality to
their children. Reforming laws that discriminate on the basis of nationality will do
much to end statelessness in the Middle East, but cannot eradicate statelessness until
unwed parents and their children are no longer threatened with violence and
rejection.
Introduction
In 2013, an unmarried couple in Dubai was accused of gross child abuse for
keeping their eight-‐‑year-‐‑old daughter from enrolling in school or receiving
healthcare and immunizations. However, the couple denied that they intended to
harm the child. Rather, they claimed that they were forced to keep the child at home
because if the child was discovered, they would both be sent to jail for having a child
out of wedlock.2 Arguably, these parents were more responsible than the dozens of
unwed parents in the United Arab Emirates (UAE) who have simply abandoned
newborn infants rather than face criminal penalties for bearing children out of
wedlock.3 Laws that penalize adultery and discriminate against non-‐‑marital
Betsy Fisher, J.D. and M.A. Middle Eastern and North African Studies, University of Michigan, is a
Bates Fellow on behalf of the Iraqi Refugee Assistance Project. This article is informed by the author’s
time while a Michigan Fellow in the Program in Refugee and Asylum Law in UNHCR’s Amman,
Jordan Regional Office. This article reflects the author’s views alone. I wish to thank Amit Sen, Ana
Pollard, Yousef Daradkeh, and Prof. James Hathaway.
2 Bassam Za’Za, Unmarried Dubai Couple Deny Endangering Life of Illegitimate Child, GULF NEWS (May 8,
2013), http://gulfnews.com/news/gulf/uae/courts/unmarried-‐‑dubai-‐‑couple-‐‑deny-‐‑endangering-‐‑life-‐‑of-‐‑
illegitimate-‐‑child-‐‑1.1180462, archived at http://perma.cc/SVM6-‐‑G2MT.
3 Solution Needed to Baby Abandonment in the UAE, THE NATIONAL (Jan. 13, 2014),
http://www.thenational.ae/thenationalconversation/editorial/solution-‐‑needed-‐‑to-‐‑baby-‐‑abandonment-‐‑
in-‐‑the-‐‑uae, archived at http://perma.cc/YN2V-‐‑B4UH.
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http://ssrn.com/abstract=2547550