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Monaco - Law No. 1155 on Nationality (December 18, 1992) as amended by Law No. 1276 (December 22, 2003) and Law No. 1387 (December 19, 2011)
- Country: Monaco
- Law status: Discriminatory law in force
- Law Type: Citizenship
Article 1 of Monaco’s Law No. 1155 on Nationality (December 18, 1992) as amended by Law No. 1276 (Dec. 22, 2003) and Law No. 1387 (Dec. 19, 2011) does not give mothers the same unconditional rights as fathers to pass on their nationality to their children.
Article 1. A Monegasque is:
1. Every person born of a Monegasque father unless he acquired his nationality by declaration under the provisions of Article 3.
2. Every person born of a mother who was born Monegasque and who still has Monegasque nationality on the date of that person’s birth.
3. Every person born of a Monegasque mother and who has a Monegasque-born ancestor on the mother’s side of the family.
4. Every person born of a Monegasque mother who acquired Monegasque nationality by naturalization, by reestablishment of nationality, or by application of the provisions of the second paragraph of article 6 or the fourth paragraph of article 7 of this law.
5. Every person born of a mother who acquired Monegasque nationality by declaration following a simple adoption.
While Article 1 of Law No. 1155 was amended in 2003 to expand the categories by which a child can obtain citizenship through his/her mother, Article 1 is still discriminatory in that fathers, unlike mothers, have unconditional rights in passing nationality to their children.
Article 17 of the Constitution of Monaco: The citizens of Monaco enjoy equality before the law. No preferential status or treatment is accorded to any of them.
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