International Conventions
The treaty regarding the nationality of married women ratified by the National Assembly (decision number 1040) in January 29, 1957 states:
"The contractual states did not perceive that among the cases of laws practical discordances regarding nationality some that could result in women loosing their nationality or gaining a nationality through marriage."
The following declarations were also made:
Article 1:
Marriage or divorce between a national and a foreigner, or the nationality change of the couple during their marital lives, should not reflect on the couple's original nationality
Article 2:
The contractual states agree that in case a national chose to acquire another nationality, his wife should be allowed to maintain her original nationality.
Article 3:
The contractual states agree that a foreigner married to a national man has the right to acquire her nationality if she chooses to. Acquiring nationality in such cases should be regulated by the bonds of national security and public rules.
The International Pact on Civil and Political Rights states:
The party-states to this pact are committed to securing equity among men and women regarding all the civil and political rights mentioned in this pact."
The International Pacts and Treaties Regarding Nationality (The Nationality Treaty)
The first article of the Treaty - endorsed during the codification conference convened in April 12, 1930 in the city of Lahaye, Holland - tackled the topic of nationality and urged all states to regulate this matter. The statement reads:
"Every state has the right to specify its citizens through its own legislations. Other states should approve the legislations' decisions. They also should be in agreement with international treaties and pacts as well as the mostly recognized principles of the nationality laws.
Article 15 of the Universal Declaration of Human Rights
- Everyone has the right to nationality
- No one shall be arbitrarily deprived of her/his nationality nor denied the right to change his/her nationality.
Although this Declaration is not legally binding on States, it represents a broad consensus of the international community and, therefore, has a strong moral force on the practice of States in their international relations. Although the Declaration is not legally binding, public criticism in the media and in the UN can be used to condemn violations.
Convention to Eliminate Discrimination Against Women (CEDAW)
Adopted by the United Nations General Assembly on December 18, 1978;
Article 9 (1) states:
States Parties shall grant women equal rights with men to acquire, change or retain their nationality. They shall ensure in particular that neither marriage to an alien nor change of nationality by the husband during marriage shall automatically change the nationality of the wife, render her stateless or force upon her the nationality of the husband.
Article 9 (2) states:
States Parties shall grant women equal rights with men with respect to nationality of their children.
An Optional Protocol for CEDAW was passed in December 2000, which improved the complaint mechanisms available for violations of CEDAW. However, no Arab nations signed.
Convention on the Rights of the Child
Adopted by the United Nations' General Assembly in November 1989; It states:
- The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality.
States Parties shall ensure the implementation of these rights in accordance with their national law and their obligations under the relevant international instruments in this field, in particular where the child would otherwise be stateless.