Current Laws in Jordan - Part I
Currently the nationality law in Jordan defines when women are able to transfer their nationality to their children. The Nationality Campaign in Jordan is based on the principle that first and foremost women should be granted access to social services. The Jordanian Constitution specifically calls for the equality of men and women. International covenants to which Jordan is a signatory outlines the entitlement to human rights for all. Until this is realized in Jordan, the campaign will continue to work towards their goals.
Jordanian Laws
Constitution (1952)
The Jordanian constitution calls for equal rights for men and women. Adopted on 28 November 1947 and ratified on 1 January 1952, the constitution states in Article 6 that
- Jordanians shall be equal before the law. There shall be no discrimination between them with regards to their rights and duties on grounds of race, language or religion.
- The Government shall ensure work and education within the limits of its possibilities, and it shall ensure a state of tranquility and equal opportunities for all Jordanians.
Nationality Law of 1954
The Jordanian Nationality Law of 1954 (amended in 1987) is modeled on British nationality laws. Nationality is granted to (a) those born of a father holding Jordanian nationality, (b) those born in the Hashemite Kingdom of Jordan to a mother holding Jordanian nationality and to a father whose citizenship is unknown or who is stateless or whose paternity has not been legally established; and (c) those born in the Hashemite Kingdom of Jordan to unknown parents.
- A Jordanian man can pass on his identity to his non-Jordanian wife granted she has lived in the country for 3 years if she is an Arab national or 5 years if she is a non-Arab.
- A Jordanian woman cannot pass along her nationality to a non-Jordanian man, with a few exceptions.
- A Jordanian woman marrying a non-Jordanian man can neither pass on her nationality to her children nor grant them residency permits.
- Children of a Jordanian woman and a non-Jordanian man do not have access to many rights, including enrollment in the school system, social entitlements, or political rights.
Jordan and International Laws
Universal Declaration of Human Rights
Jordan is a signatory to the 1948 Universal Declaration of Human Rights which states in Article 15 that
- Everyone has a right to nationality.
- No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
CEDAW
Jordan is a signatory to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) which in Article 9 (1) grants that
- States Parties shall grant women equal rights with men to acquire, change or retain their nationality. They shall ensure in particular that neither marriage to an alien nor change of nationality by the husband during marriage shall automatically change the nationality of the wife, render her stateless or force upon her the nationality of the husband.
However, they have registered reservation to Article 9 (2) which states that
- States Parties shall grant women equal rights with men with respect to nationality of their children.
(Coming soon: Constitutional amendment of 1987.)
Entry Filed under: Countries, Jordan, Research, Legislation