Nationality is a fundamental element of legal identity and social belonging, often described as the ‘mother of all rights,’ as it determines access to essential civil, political, and social protections. Absence of nationality, or statelessness, can severely restrict access to education, healthcare, employment, and political participation. Despite its significance, limited research has addressed the complexities of nationality and statelessness in the Iranian context. This dissertation of Eliyeh Delavari seeks to fill that gap by providing an in-depth analysis of Iranian nationality law, particularly where it intersects with family law and administrative practices such as birth registration, to understand how legal and procedural shortcomings contribute to statelessness and unequal access to nationality. The central research question is to what extent Iranian nationality law aligns with international standards, especially concerning safeguards against statelessness and gender-based discrimination, identified as a primary driver of statelessness in Iran. The study employs a multidimensional methodology, combining doctrinal analysis of domestic legal texts and administrative practices with comparative evaluation of international treaties, soft law instruments, and relevant case law. This approach situates Iranian law within the broader international framework, allowing a comprehensive assessment of normative gaps and practical consequences. The dissertation begins with establishing a conceptual framework, clarifying the meaning of nationality and citizenship, and examining the causes and consequences of statelessness. It highlights systemic issues such as discriminatory legal provisions and situational factors, including unregistered marriages, undocumented births, and the absence of effective administrative safeguards. Subsequently, the study analyzes international legal instruments designed to prevent statelessness, protect vulnerable populations, and promote gender equality. Rules concerning acquisition of nationality at birth, naturalization, loss of nationality, and remedies for stateless individuals are evaluated, with particular attention to the protection of children and the obligations of Iran under these frameworks. The core analysis focuses on the Iranian nationality system, exploring its historical development, sources of law, and key provisions. Family law and administrative practices are examined in detail, demonstrating how marriage, parentage, and birth registration processes determine access to nationality. The study identifies gender discrimination as a primary factor contributing to statelessness, particularly affecting children born to Iranian mothers and foreign fathers. While reforms in 2006 and 2019 improved maternal transmission of nationality, significant gaps remain, leaving hundreds of thousands of children without Iranian birth certificates. Administrative practices are shown to further exacerbate these vulnerabilities. The dissertation concludes with an evaluation of Iran’s conformity with international standards. While some safeguards exist, they are insufficient to prevent statelessness or fully address gender-based discrimination. The study recommends legal reforms, including clearer recognition of children born to Iranian mothers and foreign, unknown, or stateless fathers, strengthened birth registration procedures, and alignment with international human rights obligations. Emphasis is placed on practical enforcement, suggesting that legislative changes must be accompanied by policy initiatives to ensure effective protection of vulnerable populations.
Delavari defended her dissertation March 3rd, 2026 at the Maastricht University. Promotor: prof. dr. Susan Rutten, co-promotor: prof. dr. Gerard-René de Groot.
Eliyeh Delavari
Citizenship and Statelessness in Iran: A Comparative Analysis of Iranian Nationality Law and International Standards