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(Articles 38 and 51). Name shall be normally acquired by
descent. Children with unknown parents shall be named by a
special committee without referring to their status (Art. 26 and
28 of the Civil Status Law). Law no 5 for 1427 mentioned
above has affirmatively recognized for children with unknown
parents the right to a tripartite name, to registration and to
obtain identity cards, passports and family documents without
limitation of concluded marital contracts (Article 8). The child
shall acquire immediately on his birth the nationality of his
Libyan father. He/she shall be considered Libyan whoever is
born in Libya from a Libyan mother and a father of unknown
or has no nationality or from parents with unknown
nationality. He shall also be considered of unknown progenitor
whoever is born in Libya from an unknown father unless
proved otherwise."
* Right to family care: This right shall be provided for every
child who is born in wedlock. Family is a pillar of public order
in Libya and is basically founded on kinship (Article 34 Civil
Law). Therefore child custody in case of marriage shall be
regarded as shared right of parents (Art. 62/2 of Law no 10 on
Marriage and Divorce). If family does not exist, the Law shall
regulate guardianship (Art.60 of Law no 10). Otherwise, social
care homes shall represent the substitute for whoever has no
guardian (Art. 7 of Law no 5 for 1427 on Child Protection)
which has underpinned the previously-regulated settlement by
virtue of Social Security Law and Freedom Promotion Act).
* Right to education: Libyan legislation asserts the right to
education for all citizens without discrimination due to sex,
color, language, religion or ideology. Education shall be
compulsory and free for every child (male or female) in the
basic education stage. The State shall extend all educational
services and facilities for gratis at all education levels,
including the establishment of educational institutions and
meeting their educational, training and mentoring needs. For
all individuals in the society to access education services, the
State has taken into consideration the proximity of schools to