B. 通过结婚取得国籍
Acquisition of nationality by marriage
叙利亚法律坚持以下原则,即在任何情况下,国籍独立于家庭,无论妻子是阿拉伯人还是外国人。
The Syrian legislature adopted the principle that, in all cases, nationality is independent of the family, whether the wife is an Arab or an alien.
但是,关于与叙利亚人结婚对妻子国籍的影响,妻子是外国人的情况有别于妻子是阿拉伯或叙利亚血统或者原来曾经拥有过阿拉伯叙利亚共和国国籍的情况,即阿拉伯妇女不受有关外国妇女获得阿拉伯叙利亚共和国国籍的条件的限制。
In regard to the effect of marriage to a Syrian on the nationality of the wife, however, a distinction is made between cases where the wife is of alien nationality and cases where she is Arab or of Syrian origin or formerly enjoyed the nationality of the Syrian Arab Republic in that an Arab woman is exempt from some of the conditions required for an alien women to be granted Syrian Arab nationality.
与本国人结婚的外国妇女只能依照第8条第1款规定的条件和条款取得国籍。
- An alien woman married to a national acquires nationality only in accordance with the conditions and provisions stipulated in article 8, paragraph 1.
《叙利亚国籍法》第19条还规定,如果一名妇女与阿拉伯国家公民或叙利亚血统的公民或者曾经拥有过阿拉伯叙利亚共和国国籍的公民结婚,她只需提出有关书面申请,即可经内政部长签发命令而获得阿拉伯叙利亚共和国国籍。
- Article 19 of the Syrian Nationality Act also provides that, if a woman married to a Syrian Arab citizen is a national of an Arab country or is of Syrian origin or formerly enjoyed Syrian Arab nationality, she becomes a Syrian Arab by decree of the Minister of the Interior by simply stating her wish to that effect in a written application.
《国籍法》第12条阐明了阿拉伯叙利亚共和国妇女与外国人结婚后的国籍状况,它规定:“在阿拉伯叙利亚共和国妇女与外国人结婚的情况下,如果丈夫所在国法律赋予她取得国籍的权利,她必须在取得其外国丈夫所在国国籍一年内向阿拉伯叙利亚共和国当局申请保留其阿拉伯叙利亚共和国国籍。”
- The nationality status of a Syrian Arab woman following her marriage to an alien is clarified in article 12 of the Nationality Act, which provides that: “If a Syrian Arab woman marries an alien and the law to which the husband is subject gives her the right to acquire his nationality, she must apply to the Syrian authorities to keep her Syrian Arab nationality in addition within one year of having acquired the nationality of her alien husband.”
配偶双方享有平等地取得住所的权利,并有相同的使用权。
- Women and men have equal rights in regard to acquiring residence and the same functional status as the marital partner.
“当阿拉伯叙利亚共和国男性公民通过申请入籍的方式取得外国国籍时,如果适用于丈夫的新国籍法将该国国籍赋予他的阿拉伯叙利亚妻子的话,那么他的妻子将丧失其阿拉伯国籍。
“If a Syrian Arab male acquires alien nationality by naturalization, his Syrian Arab wife loses her Arab nationality if the nationality law which applies to her new husband confers that nationality on her.
如果她希望保留其阿拉伯叙利亚共和国国籍,她必须向叙利亚当局提出申请,表示她希望这样做,否则她将失去叙利亚国籍。”
If she wishes to retain her Syrian Arab nationality, she must submit an application to the Syrian authorities stating her wish to do so, failing which she shall lose it.”
叙利亚妇女无需丈夫同意就可申领护照和出国,尤其是2003年签发的一项行政命令,取消了关于妇女出国需要取得出境签证的要求。
A Syrian woman may obtain a passport and leave the country without her husband's permission, particularly since an administrative order was issued in 2003 guaranteeing the exemption of Syrian women from the requirement to obtain an exit visa in order to travel outside the country.
1969年第276号立法令颁布了《叙利亚国籍法》,从中可以看出,叙利亚立法机构采用了父系血统主义原则,换句话说,就是要取得拥有阿拉伯叙利亚共和国国籍的父亲的国籍。
It is clear from reading Legislative Decree No. 276 of 1969, which regulates the Syrian Nationality Act, that the Syrian legislature has adopted the principle of patrilineal jus sanguinis, or, in other words, birth to a father who enjoys the nationality of the Syrian Arab Republic.
因此,子女的国籍从父亲,如果父亲已经死亡、不是叙利亚人但母亲是叙利亚人,则从母亲。
Hence, a child's nationality is transmitted from the father, or from the mother if the father is deceased, was non-Syrian and she is Syrian.
子女年满18周岁时有权放弃他/她的国籍。
The child has the right to renounce his or her nationality after attaining 18 years of age.
儿童在征得其监护人(父亲-祖父-年满18周岁的叔叔-兄长)同意的情况下可以拥有自己的护照,只有在监护人同意时,儿童才可以出国。
All children have their own passport with the consent of their guardian (father - paternal grandfather - paternal uncle over 18 years of age - cadi), who must also give his consent for the child to travel outside the country.
有关征得同意的要求不适用于叙利亚丈夫,除非是在夫妻分居后女方取得监护权的情况下,此时,她必须同意孩子随父亲外出旅行。
The requirement for consent is not applicable to a Syrian man except where the mother has custody of her children following the couple's separation, in which case she must consent to her children travelling with the father.
《个人地位法》第150条规定: “父亲只有在征得拥有监护权的母亲同意的情况下,才可以带领被监护人旅行。
Article 150 of the Syrian Personal Status Act provides that: “The father shall not travel with the child during the period of custody, except with the permission of the woman holding custody.” It should be stated that the new Syrian passports do not allow the addition of family members to another travel document.
” 应当说,新版叙利亚护照不允许将家庭成员加入其他旅行证件上。
Article 150 of the Syrian Personal Status Act provides that: “The father shall not travel with the child during the period of custody, except with the permission of the woman holding custody.” It should be stated that the new Syrian passports do not allow the addition of family members to another travel document.
二、取得的进展
Progress achieved
为重新审议叙利亚政府对《公约》第9条提出的保留,各方面共同努力并产生了必要的法律修正案。
There have been concerted efforts to review the reservation entered by the Syrian Government to article 9 of the Convention and produce the necessary legal amendments.
在这种情况下,叙利亚家庭事务委员会与叙利亚妇女总同盟以及相关非政府组织合作,对保留进行重新审议,开展法律调查,突出《叙利亚国籍法》中的歧视性条款。
In that context, the Syrian Commission for Family Affairs has worked in conjunction with the General Women's Federation and relevant non-governmental organizations to examine this reservation by preparing legal studies highlighting the discrimination in the Syrian Nationality Act.
叙利亚妇联还对那些与非叙利亚人结婚的妇女以及这些婚姻所产生的影响,尤其是对孩子的影响,进行了实地调查,并为在媒体工作的人员举办了培养性别平等观念专题学术讨论会,作为研究《国籍法》各有关问题以及其中的歧视性条款的一项指标。
The Syrian Women's League also conducted field research on women married to non-Syrians and the effects arising from the marriage, particularly in regard to children, and ran training gender-equality workshops for men and women working in the media as an indicator in exploring various topics concerning the Nationality Act and the discriminatory articles contained in it.
在其中一个专题学术讨论会上,主办方向与会者介绍了《公约》以及被提出保留的条款。
A presentation of the Convention and the articles to which there are reservations was given during one of the workshop sessions.
叙利亚的报纸、杂志和电视台对该法以及实地调查进行了报道。
Media coverage was also given to the Act, as well as to the field research, by Syrian newspapers, magazines and television.
2004年6月17日,在社会论坛举行的由许多人民议会议员参加的听证会上,妇女们讲述了她们因无权将自己的国籍给予她们的子女而遭受的痛苦。
During a listening session held on 17 June 2004 at the Social Forum and attended by numerous members of the People's Assembly, women told of the suffering they experienced as a result of being denied the right to transmit their nationality to their children.