HARVARD HUMAN RIGHTS JOURNAL ONLINE
JANUARY 2015
children4 and their parents, such as the criminalization of adultery in the UAE, risk
the result of unregistered and even stateless children.
The Middle East and North Africa (MENA) region5 is host to many of the
world’s largest chronic stateless populations: the bidoon of the Gulf, stateless Kurds
in Lebanon and Syria, and stateless Palestinians living throughout the region.6 But
the legal systems of many Middle Eastern countries also leave children of citizens
vulnerable to statelessness.
A first step toward universal access to nationality is correcting gender-‐‑
discriminatory nationality laws, a yet-‐‑elusive goal throughout the Middle East.7 But
that will likely be an incomplete solution: civil registration laws and practice, social
stigma against unwed parents and non-‐‑marital children, and laws criminalizing
adultery all place non-‐‑marital children at a great risk of statelessness.
Statelessness and human rights
A stateless person is someone who is “not considered as a national by any
State under the operation of its law.”8 Statelessness is itself a deprivation of a human
right—the right to a nationality—and stateless individuals frequently experience
further deprivation of rights such as the right to education, freedom of movement,
and family life.9
International law, including the Convention on the Rights of the Child (CRC),
the most widely ratified international human rights treaty, requires that “each child
shall be registered immediately after birth and shall have the right from birth to a
name [and] the right to acquire a nationality.”10 The International Covenant on Civil
and Political Rights (ICCPR) establishes that each child “has the right to acquire a
nationality.”11 All states in MENA have ratified the CRC and the majority has also
ratified the ICCPR.12
Rather than using the pejorative term “illegitimate children,” I use the term “non-‐‑marital children.”
For the purposes of this article, the MENA region comprises Algeria, Bahrain, Egypt, Iraq, Israel,
Jordan, Kuwait, Lebanon, Libya, Mauritania, Morocco, the Occupied Palestinian Territories, Oman,
Qatar, Saudi Arabia, Syria, Tunisia, United Arab Emirates (UAE), and Yemen.
6 LAURA VAN WAAS, U.N. HIGH COMM’R FOR REFUGEES, THE SITUATION OF STATELESS PERSONS IN THE
MIDDLE EAST AND NORTH AFRICA 2 (2010), http://www.refworld.org/docid/4cea28072.html.
7 See generally UNHCR, BACKGROUND NOTE ON GENDER EQUALITY, NATIONALITY LAWS AND
STATELESSNESS 2014 (2014), http://www.unhcr.org/4f5886306.html.
8 Convention Relating to the Status of Stateless Persons, art. 1, opened for signature Sept. 28, 1954, 360
U.N.T.S. 117 (entered into force Jun. 6, 1960).
9 WAAS, supra note 6, at 2.
10 Convention on the Rights of the Child, art. 7, opened for signature Nov. 20, 1989, 1577 U.N.T.S. 3
(entered into force Sept. 2, 1990) [hereinafter CRC].
11 International Covenant on Civil and Political Rights, art. 24(1), opened for signature Dec. 19, 1966, S.
TREATY DOC. NO. 95-‐‑20, 999 U.N.T.S. 171 (entered into force Mar. 23, 1976) [hereinafter ICCPR]. The
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