Fundamental Concepts in Classic and Feminist schools as Related to Change of Nationality due to Marriage
Subject Areas : Journal of Law and Politics
N.
Almasi
1
(-)
M.
Hemmat
2
(-)
Keywords: Classic school, Feminist school, marriage, Nationality, Human rights, Natural rights school, positivist school of rights,
Abstract :
On change of nationality, Classic and Feminist schools have their own views in international law. This study was aimed at answering the question, of what reasoning classic and feminist schools are based on as related to change of nationality due to marriage. The assumption here is that, the classic school disregards human rights as related to change of nationality due to marriage, while the feminist school emphasizes human rights and rejects any kind of discrimination on the basis of sex on the question of nationality. Specifically, the study sought to bring into focus and the some time review human rights which concern women's nationality. Elevating human rights and implementing them as related to women is contingent upon recognizing the same rights for men and women concerning their nationality and rejecting any discrimination in this regard. To investigate the legal concepts and elements related to this topic and also describing and categorizing them a descriptive method was followed. To evaluate those concepts and elements a critical analysis was done. The results revealed that in the classic school the focus is on political consideration and national interests of the country with which the man is affiliated, which means disregarding human rights. on the other hand, the feminist school emphasizes human rights and introduces the principle of the equality of men and women, on the question of nationality, thus rejecting any discrimination in this regard.