The rights of the Children to acquire the nationality of their Emirati mother; a comparative Study

Document Type : Original Article

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Private Law- Private International Law

Abstract

This study deals with a problem with social dimensions, affecting a large percentage of the society of the United Arab Emirates. It is related to the right of children of Emirati female national to obtain UAE nationality in accordance with UAE Nationality Law No. (17) of 1972 and its amendments. The study aimed to cover the legal aspects related to the right of Emirati female national to pass UAE nationality to her children, and to evaluate the approach UAE legislator. In this regard. The study concluded with a set of results and recommendations, which we hope that the UAE legislator will take into consideration, including that the legislator’s position represents a strict trend regarding the right of children of Emirati female national to obtain UAE nationality as a result of a strict trend regarding the mother’s role in the transfer of nationality to her children, as it was allowed only as an exception and in certain cases and conditions. In conclusion, the study hopes to amend the current nationality law to be in line with the position of modern legislation. Such amendment would be in a manner that makes the mother able to transfer her nationality to her children to the same extent as that of the father. In addition, the study discusses proposed wording, its purpose, and the reasons thereof.

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