OSU A Person Not Recognized by Any State as A National Question

User Generated

Geri21

Law

Ohio State University

Description

I'm working on a law writing question and need a sample draft to help me understand better.

This was the general requirement of the essay given by the professor: to write a 5 to 7 page (1.5 space, times new roman) analytical essay on a law or legal practice in a jurisdiction of your choice relating to gender that you believe should be changed. Please describe its harmful effects and explain how your proposal would alleviate such effects. Please also consider obstacles you would face (political, legal, cultural, religious or other) in attempting to change the said law.

I chose the topic of gender inequality in nationality and statelessness in the United Arab Emirates (UAE).

ESSAY OUTLINE:

Title: Gender Inequality in Nationality and Statelessness in the UAE.

Page 1:

This essay will highlight and analyze the gender inequality in current nationality and statelessness laws in the UAE.

Description of current law on nationality and statelessness in UAE with focus on children of Emirati women married to foreigner husband as well as statelessness laws. (use this website: https://u.ae/en/information-and-services/passports...)

Page 2:

Continuation ((if needed) of description of current law on nationality and statelessness in UAE

Discuss CEDAW and how this law violates CEDAW. (I attached a PDF on this below)

Briefly mention how UAE ratified Cedaw in 2004 been making significant positive changes to women rights since then however some issues still remain such as the nationality law in the UAE.

Page 3:

Implications (Harmful effects) of this law.

Letters project. https://www.instagram.com/p/CK1RpTcnU6Y/?utm_sourc...

Discuss how the UAE has plans to grant citizenship to “talented and innovative” people but not to children of Emirati women and stateless groups. https://www.thenationalnews.com/uae/government/uae...)

Page 4 and 5:

Discuss in detail how this law should be changed.

Emirati women should be able to pass citizenship to their children.

Stateless individuals should be able to obtain citizenship if after a certain number of years demonstrate good conduct. Or enroll them in a national service program as a requirement.

What are some obstacles would we face if we attempted to change this law?

Financial burden for government.

Any other obstacles?

Resources

https://www.hrw.org/news/2021/02/05/uaes-double-st...

https://u.ae/en/information-and-services/passports...

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Explanation & Answer

View attached explanation and answer. Let me know if you have any questions.

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Law Question
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A person not recognized by any State as a national is called a "stateless person." They are
thus lacking in nationality or citizenship and are protected by federal legislation, which makes
them unsafe in respects which most of us need never recall. Statelessness has far-reaching
implications that affect any part of life. Working legitimately, owning land, or opening a bank
account can be impossible. Women have the right to record their child births, particularly when
children are born out of marriage, as gender discrimination in civil registry law. Discrimination
against women and children without marriage limits the right of non-marital children to
paternity. Furthermore, government prohibitions prohibiting people from marrying foreigners
can result in statelessness since children born to prohibited unions could be regarded as nonmarital children, putting them at risk of becoming stateless. Children born in the Middle East to
single parents or parents that have an unrecognized marriage are more likely to be stateless.
Emirati law allows children whose parent is an Emirati to stay. The parent is unknown, or
the father is without nationality, only if the child's paternity is ambiguous is the infant Emirati
nationality. However, according to the US Department of State, offspring of stateless fathers are
still stateless. Emirati law is based on parental jus sanguinis, which means the nationality is
passed down along the male line, with some exceptions for females. Despite this decree, women
cannot pass their race on to their children on an equal footing with men. Furthermore, according
to this declaration, a mother's transmission of nationality is neither compulsory nor nondiscretionary, as required by international norms (Fisher, 2016). Emirati nationality law lacks a
clause that would grant Emirati nationality to a child born on its territory if it would otherwise be
stateless. The unequal nature of Emirati nationality law often places children at risk of
statelessness because they cannot gain their father's nationality. With many stateless people in
the world, this is a specific issue because if the father is stateless, the child would be stateless as

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well, regardless of the mother's status. Women must vigorously show that the father is unknown
or that fatherhood was not substantiated to pass nationality to their daughters because th...


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