The reality of the nationality of Iraqi sons born abroad

Abstract

     Nationality represents the bond by which an individual belongs to the state and has rights & obligations . It is also one of the basic ideas in the life of states through which the personal scope of state sovereignty is determined. The international standard for the distribution of individuals across the counties of the world , and by doing all of this nationality has formed common international principles that have invested in the field of legislative drafting of nationality laws in different  countries to unify their position and reach a close level in this field ,therefore these principles have risen to the level of universality and they have emerged from them and subsequently established international standards . The reaction of most countries of the world have been positive towards their organization and formulation of the texts of the relevant law concerned with nationality affairs, which gives  their laws global support internally and internationally.

         And the Iraqi legislator, as one of the legislator of the world ,has taken  positive steps in compliance with these principles and standards as shown in the nationality law No. 26 of 2006 ,including  the principle of equality between the father and mother in transferring  nationality to children which came in accordance with a constitutional principle contained in Article (18 /second) of the Iraqi  constitution for the     year 2005   is considered the first building block in compliance with international standards calling for  the renunciation of all forms of discrimination against women for transferring her nationality to her children this means that the legislator was not successful in dealing with the case of those born to a mother or father outside of Iraq objectively and realistically ,it embodies the spiritual and social bond of nationality or as a contract between the state and the individual, each of whom bears obligations to the other , and this explains a contradiction between the texts, the ambiguity of some of them, their incompleteness or their inclusivity or not to formulate it in a flexible or rigid manner , according to the requirements of the subject in the applicable nationality law.

This problem was addressed in two sections, the first to examine the role of the father in transferring nationality to children  wither  born or residing  outside of Iraq and the second is to address the role of the mother in transferring nationality to children  wither  born or residing  outside of Iraq.