IV. Civil rights and Freedoms
a) Name, Nationality and birth registration (article 6 of the ACRWC)
96. Article 30 of the Constitution provides that "the Algerian nationality is defined by
law." It is, in this case, the Ordinance No. 70-86 of 15 December 1970 on the
Algerian Code of nationality.
97. In view of harmonising the national legislation with international instruments
ratified by Algeria, the above-mentioned ordinance was amended and complemented
by Ordinance No. 05-01 of 27 February 2005.
98. The new law amending and supplementing the Algerian Code of Nationality
protects children in terms of nationality and takes into account new conditions that
arose in the development of relationships within society by establishing the principle
of maternal transmission of nationality. Thus, under article 6 and 7 thereof, is
Algerian:
- Article 6:" Is considered Algerian, any child born to an Algerian father and an
Algerian mother."
- Article 7: "is of Algerian nationality by birth, in Algeria:
i. A child born in Algeria of unknown parents: However, a child born in Algeria of
unknown parents shall be deemed never to have been Algerian if, during his minority,
his parentage is legally established in respect of a foreign national and if he/she is
given the nationality of the foreign national’s country, in accordance with their
national law. The newborn child found in Algeria is presumed born in Algeria, unless
it is proven otherwise.
ii. A child born in Algeria of unknown father and a mother, whose only name is on
his/her birth certificate, without further particulars may prove nationality thereof.
- Article 8: "A child who has acquired the Algerian nationality by virtue of article 7
above mentioned, is deemed to have been Algerian from birth, even if the existence of
the conditions required by law are established only after his/her birth ". The granting
of the Algerian national status from birth as well as the withdrawal or renunciation of
such, under the provisions of article 7 above shall not affect the validity of past acts
by the person, or the rights of any third party given the nationality previously acquired
by the child.
- Article 17: The minor children of an individual, who acquires the Algerian
nationality by virtue of article 10 of this Act, become Algerians together with their
parent. However, they have the right to waive the Algerian nationality within two (2)
years from their majority.
- Article 21: The effect of the loss of the Algerian nationality, as provided in article
18, above, does not apply to minors.
- Article 24: The forfeiture cannot be extended to the spouse and minor children of the
individual. It can, however, be extended to children, if it is to their parents.
- Article 32: The proof of Algerian nationality of a child born in Algeria, of an
unknown father and a mother whose only name is on his/her birth certificate without
further particulars that may prove nationality thereof, shall be established by his/her
birth certificate and a certificate issued by the relevant authorities. "
99. With regard to the name, the Algerian civil law allows children to acquire an
identity and hold a set of rights from birth. Thus, any child born on the national
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