On the search for a nationality. A feminist and postcolonial perspective on the ramifications of statelessness for children born to Syrian mothers in Germany

Abstract

This thesis assesses the statelessness of children born to Syrian mothers in Germany through a feminist and postcolonial lens. By focusing on the German and Syrian Nationality Acts, and their historical creation, a holistic picture of colonial legacies is laid out. Employing desk research and theoretical analysis, the author identifies the insufficient research and attention as well as gaps in the field of statelessness. The analysis reveals that French colonialism has shaped Syria’s Nationality Act to be gender- discriminatory, preventing women from transferring their nationality outside of Syria, thus effectively leaving children born to Syrian mothers without a legally recognized father stateless. In addition to this, the German Nationality Act relies on jus sanguinis and limited jus soli, restricting children of foreign parents from gaining a German nationality, unless a parent has legally and permanently resided in Germany for a period of five years. The findings portray the intersection of colonial legacies and nationality legislation. Furthermore, they showcase the failure of national and international law to support and protect the human rights of stateless children. Germany and Syria both fail to create awareness, administrative structures and recognition of statelessness. The findings further highlight the gender inequality that denies Syrian children their nationality. Finally, the thesis calls for sustainable development of support structures and amendments to the Nationality Acts to combat statelessness based on gender- discrimination.