Lebanese nationality law
Encyclopedia
The Lebanese nationality is transmitted by paternity
Paternity (law)
In law, paternity is the legal acknowledgment of the parental relationship between a man and a child usually based on several factors.At common law, a child born to the wife during a marriage is the husband's child under the "presumption of legitimacy", and the husband is assigned complete rights,...

 (father). However, this gives the right to Lebanese to transmit citizenship to their children and foreign wives.

Citizenship Law Number 15

Citizenship Law No. 15 and the Nationality Law govern Lebanese citizenship. The first article of the citizenship law states that citizenship is inherited through the father or acquired by birth on Lebanese territory. Citizenship laws prioritize patrilineal decent, and a Lebanese woman who marries a foreign national cannot pass her citizenship on to her husband or the children of this union. A Lebanese man, on the other hand, can pass his nationality on to his foreign wife and children. A naturalized wife retains the right to pass Lebanese citizenship on to her children only in the event of the death of her husband or if the child's father is unknown or does not possess a nationality. This limit on transference of citizenship affects the children's rights to work, own property, and access governmental resources. Such limitations can be detrimental to a woman's well being, especially in cases of divorce or widowhood .
This Law was passed in 1926

Dual citizenship

A person having a dual nationality does not lose Lebanese nationality according to the 1926 constitution.

Citizenship requirements

  • Children born to Lebanese fathers are entitled to Lebanese citizenship which includes rights of property, inheritance, political and social rights. Other rights are use of the public education system and public hospitals.
  • Children with fathers that have Lebanese citizens, no matter where they were born or how old they are guaranteed the above rights due to birthright citizenship.

  • Lebanon
    Lebanon
    Lebanon , officially the Republic of LebanonRepublic of Lebanon is the most common term used by Lebanese government agencies. The term Lebanese Republic, a literal translation of the official Arabic and French names that is not used in today's world. Arabic is the most common language spoken among...

     accepts the principle of dual citizenship. Acquiring another nationality does not result in losing the original Lebanese citizenship.
  • Foreign wives of Lebanese husbands may apply and obtain Lebanese citizenship. They will become entitled to it one year after the marriage has been entered in the Civil Acts Register in Lebanon, provided they apply for it with their husband's approval.http://www.lebanemb.org.au/Consular/Cvl_Act.html#Citizenship


For children born in Lebanon that do not make the above requirements then the following Lebanese law allows for a different way to attain citizenship. The law requires that a birth certificate be prepared and filed for registration within thirty days from the date of birth. As to nationality, the child acquires Lebanese citizenship by being either:
  • born in Lebanon and not acquiring by birth a foreign nationality.
  • born in Lebanon to unknown parents or to parents without a nationality. .

Reforms

There is a public demand for giving the opportunity for Lebanese women to transmit their Lebanese nationality to their children and also to their husbands. http://www.menassat.com/?q=en/news-articles/6446-lebanese-interior-minister-supports-campaign-my-nationality-right-me-and-my-famil http://www.nadinemoawad.com/2010/03/the-lebanese-nationality-law-will-pass-today/
Moreover, the Lebanese citizenship to be given to the 15 million diaspora
Diaspora
A diaspora is "the movement, migration, or scattering of people away from an established or ancestral homeland" or "people dispersed by whatever cause to more than one location", or "people settled far from their ancestral homelands".The word has come to refer to historical mass-dispersions of...

 of Lebanese living all over the world. http://cedarfree.blogspot.com/2006/10/lebanese-diaspora.html

Currently, Lebanon provides no automatic right to Lebanese citizenship
Citizenship
Citizenship is the state of being a citizen of a particular social, political, national, or human resource community. Citizenship status, under social contract theory, carries with it both rights and responsibilities...

 for emigrants who lost their citizenship upon acquiring the citizenship of their host country, nor for the descendants of emigrants
Emigration
Emigration is the act of leaving one's country or region to settle in another. It is the same as immigration but from the perspective of the country of origin. Human movement before the establishment of political boundaries or within one state is termed migration. There are many reasons why people...

born abroad. Recently, the Maronite Institution of Emigrants called for the establishment of an avenue by which emigrants who lost their citizenship may regain it, or their overseas-born descendants may acquire it if they want to. http://www.dailystar.com.lb/article.asp?edition_id=1&categ_id=2&article_id=94429

Samira Soueidan's Lawsuit Against The State of Lebanon

Samira Soueidan is a Lebanese female citizen who was married to a Egyptian husband. Since her husband was not a Lebanese citizen she could not pass her Lebanese citizenship on to her four children . Samira’s children were all born and raised in Lebanon but because their father was Egyptian with Egyptian citizenship, her kids could not get Lebanese citizenship but only attain Egyptian passports. Since her children were not Lebanese citizens they do not have access to public education or public hospitals and they are denied political and property rights. Samira's also have to apply for expensive work visa’s, (which are difficult to get), every year to allow them to work. Samira’s husband was the primary source of income in the family and it had become difficult for her family to survive after his death so Samaria decided the only thing she could do was sue her government . Samira filed a law suit in 2005.In 2009, Samaria was the first women to win the citizenship rights for her children when Judges John al-Azzi, Rana Habka and Lamis Kazma ruled in her favor .
The judges said their decision was based on the fact there was no law prohibiting a Lebanese mother from passing on her nationality to her children after the death of her husband . They also noted that aspects of Lebanon’s nationality law were “obscure” and that current legislation favored foreign women over their Lebanese counterparts . The judges ruled that Lebanese female citizens should be entitled these rights .

The Lebanese Administer of Justice, Ibrahim Najjar quickly filed to appeal Samira’s ruling, he said that Samira’s children can not be the exception to the law. The Administer said that “the politician’s should change the law first”. . On May 18th, 2010, Samira’s case was overturned in “the name of Lebanese people” by the Court of Cassation due to Najjar’s appeal. They ruled that “Judicial courts are not concerned with granting nationality rights [in cases where it was not granted at birth] as this is a right only enjoyed by the president” .

External links

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