خلاصة:
Citizenship is a new concept that has evolved in the era of the modern nation-state. In this article, by examining citizenship laws in Iran and the world, international law, and the status of stateless children, what was proven as the result of the research is that in many cases, clear differences are observed between Iranian citizens and foreigners regarding access to civil, political, social, economic, and cultural rights. In many cases, foreigners are deprived of certain rights due to their foreign status. On the other hand, the situation of stateless individuals in Iran is far worse than the situation of foreigners; since these individuals lack any form of citizenship, in some cases they are even deprived of the same rights provided for foreigners. On the other hand, individuals who hold dual citizenship and also possess Iranian citizenship are treated like other Iranians. Furthermore, despite several years having passed since the approval of the law amending the law determining the citizenship of children resulting from the marriage of Iranian women to foreign men, we are still witnessing some deprivations for stateless children, and therefore it seems that Iran's civil citizenship laws need to be reformed.
ملخص الجهاز:
In this article, by examining citizenship laws in Iran and the world, international law, and the status of stateless children, what was proven as the result of the research is that in many cases, clear differences are observed between Iranian nationals and foreigners regarding access to civil, political, social, economic, and cultural rights.
In principle, in Iranian private international law, the types of nationality accepted are as follows: Jus soli (territorial) nationality, which applies to all residents of Iran except those whose foreign nationality is certain (Paragraph 1 of Article 976).
Jus sanguinis (original or birth-based) nationality, which is based on the acceptance of the blood system in Iranian private international law, and the nationality of the State of Iran is granted only to children whose father is Iranian (according to Paragraph 2 of Article 976).
Jus soli (original or birth-based) nationality, which is based on the acceptance of the soil system in Iranian private international law, and the nationality of the State of Iran is granted to children born on the soil of Iran to foreign parents where one of them was born in Iran (Paragraph 4 of Article 976); also, it includes children born in the territory of Iran to foreign parents who, after the age of 19, have resided in Iran for at least one year (Paragraph 5 of Article 976); however, it does not include children born in Iran to political and consular representatives of foreign countries (Note to Article 976).
Birth from unknown parents Paragraph 3 of Article 976 of the Civil Code stipulates in this regard: "Those who are born in Iran and whose father and mother are unknown" are considered Iranian nationals.
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