Research 58 ILIC 2019

Abstract:  This research deals with equality and discrimination between women and men in Iraqi Nationality Law in force for the year 2006, it can be seen through studying the provisions of this law that includes important aspects of equality between men and women, which responded to the general principle of gender equality that stipulated in the permanent Iraqi constitution. The Iraqi legislator has achieved gender equality concerning the transfer of Iraqi original nationality to the children on the basis of blood descended from the father or mother, he also achieved gender equality concerning the transfer of Iraqi citizenship acquired on the basis of marriage, and whether the husband is an Iraqi or the wife is an Iraqi. However, gender equality is incomplete in the law of Nationality because there are aspects of discrimination between women and men on the in the some of nationality matter, some of them justified and others unjustified, Therefore the exclusion of a child who born from an Iraqi mother abroad and from unknown father or has no nationality from the original Iraqi nationality and make it acquired is an aspect of unjustified discrimination between the men and woman, In addition to the granting Iraqi nationality to those born in Iraq to a father also born in Iraq (double birth) without including a child born in Iraq from mother is also born in Iraq despite the unity of reason in granting the citizenship in both cases. Finally, the subordination of non-adult children to father in nationality without mother is another aspect of gender discrimination, but this discrimination finds its basis in the cause of the subordination in addition to the family and attribution system in Iraqi legislation. Therefore, we concluded the research by inviting the Iraqi legislator to abolish cases of unjustified discrimination between the men and woman in nationality matters.