The legal status of women in the Iraqi Nationality Law No. 26 of 2006 (A comparative study)

Abstract

Abstract: Modern legislation and international conventions have been concerned with establishing the principle of equality between men and women in the field of rights and obligations, and preventing all forms of discrimination against women, including the permanent Iraqi constitution of 2005, where the principle of equality between men and women is enshrined in Article (18/second) of it, which stipulates: "Everyone born to an Iraqi father or an Iraqi mother is considered Iraqi, and this is regulated by law." Accordingly, the Iraqi Nationality Law No. 26 of 2006 embodies this legislative trend by following legal principles in the foundations of imposing, acquiring, losing and recovering Iraqi nationality, and it has expanded the role of women in it. And it does not include in the regulation some of the effects of equality between the father and mother in the foundations of imposing the original Iraqi nationality, for example, the conflict between the text of Article (3) and Article (4) of the same law and the mechanism for its lifting, or the effect of (acquisition, loss, or recovery). The mother has Iraqi nationality over the nationality of her immature children, especially if they were those on whom Iraqi nationality was imposed on the basis of her Iraqi nationality. In addition to the existence of some texts that the legislator singled out for women and did not include only repetitive provisions that the legislator had previously touched upon among other articles, such as the fact that the Iraqi nationality shall not lapse from the one who acquired the nationality of her husband unless she declares in writing her desire to renounce the Iraqi nationality. For all this, the Legal Center for Women was chosen in the Iraqi Nationality Law No. 26 of 2006 as a title for this research in order to shed light on the distinguished role of women in light of the new principles in the law in force in comparison with the provisions of the repealed law and some Arab laws, as well as to determine the extent to which legal texts are accurate and keep pace with this Legislative development to ensure accurate regulation of the effects of equality between the father and mother in the opportunities for imposing, acquiring, losing and reclaiming Iraqi nationality, and its impact on the nationality of their children who are not of majority age.