چكيده لاتين
Granting citizenship based on the right of blood and maternal descent is a relatively new process in legislation, which originates from the right of equality between men and women in legal and legal actions, especially in granting citizenship to children. Citizenship laws that do not provide equality between men and women in granting citizenship to their children are one of the causes of statelessness and one of the concerns of the United Nations High Commissioner for Refugees. In this way, the present research aims to study the role of the mother in the transfer of citizenship to the children in the laws of Iran and Iraq with a descriptive-analytical method, in order to describe, analyze and explain the common and different points of these two legal systems. The context, by enumerating the existing challenges and providing legal solutions to solve them, paves the way for adaptive legislation on the issue of transferring citizenship to children. The results of the research show that the 2006 Constitution of Iraq has accepted the equality of parents in the transfer of citizenship to their children in paragraph 2 of Article 18, and for this purpose, the Iraqi Citizenship Law No. 26/2006 was approved. But this law has not actually established regulations for the operationalization of this equality, and this has caused problems in its implementation. In addition, there is a contradiction between articles 3 and 4 of this law. The Civil Code of Iran in Article 976, especially its second paragraph, emphasizes the transfer of citizenship through paternal lineage, and in its paragraphs 3 and 4, the transfer of citizenship is only related to the foreign mother. Due to this contradiction and ambiguity, the Iranian legislator tried to solve this problem in a single article in 2015, which itself had many problems. Therefore, in 2018, this article was revised again. But there are still challenges about this single article, such as the conditions for granting citizenship, the scope of powers of security agencies in meeting the conditions for granting citizenship, etc. All these cases in the laws of Iran and Iraq have caused many children to remain stateless. In addition to amending the national laws and giving an extraordinary role to the mother, in order to prevent this phenomenon, agreements and treaties must be concluded between the two countries, based on which, When the child reaches the age of puberty, he can choose his nationality.
