4, ADDRESSING STATELESSNESS THROUGH THE RIGHTS TO EQUALITY
AND NON-DISCRIMINATION
non-provision of citizenship certificates to individuals.”* At the
international level, this work has been supported by the Global
Campaign for Equal Nationality Rights and others, who have raised the
issue in international fora and made equality and non-discrimination
based submissions to the UPR and CRC.” There is also the possibility
of bringing individual cases under CEDAW. While these efforts have
not yet resulted in full legal reform, they have been partially successful
(both in securing rights for individuals and in achieving partial legal
reform). Furthermore, they have ensured that the issue remains on
the table both nationally and internationally, building towards the
possibility of more comprehensive reform in the future.
While itis important to look at the individual grounds of discrimination
which cause statelessness (gender, race, etc.), itis equally important to
take a more comprehensive “unified” approach which acknowledges
the interactions between different grounds of discrimination and the
impact of multiple forms of discrimination, and that addresses all
forms of discrimination without prioritising one over the other.
Finally, it is worth reiterating that legal interventions alone will not end
discrimination and inequality. Minds and attitudes must be engaged in
longer-term efforts which challenge prejudice and encourage inclusion.
Both encouragement and caution can be taken from the successes
of other equality movements such as the civil rights movement in
the United States, women’s
rights movements
across the world and,
increasingly, the LBGTI movement. These struggles show us both how
much has changed over time, and how much resistance there continues
to be to change which requires people to recognise the inherent equality
of all and the consequent duty to not discriminate and exclude.
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”
See, for example, Supreme Court of Nepal, Forum for Protection of Public
Interests v. HMG Nepal, 2005; Supreme Court of Nepal, Writ no. 0035, Ranjeet
Thapa v. Government of Nepal, 26 June 2009; Supreme Court of Nepal, Writ no.
0089, Nakkile Maharjan v. Government of Nepal, decision 2064/1/4; Supreme
Court of Nepal, Writ no 06/0703, Sabina Damai and FWLD v. Government
of Nepal, 27 February 2011; Supreme Court of Nepal, Writ No. 0880, Shanti
Nagarkoti and Bhola Nagarkoti v. Government of Nepal, 24, March 2014; and
Supreme Court of Nepal, Writ no. 34, Lily Thapa v. Government of Nepal, N.K.P.
2062, vol. 9, p. 1054, decision no.7588, 15 December 2005.
See, for example, Nepal Civil Society Network of Citizenship Rights, the Global
Campaign for Equal Nationality Rights and the Institute on Statelessness and
Inclusion, Joint Submission to the Human Rights Council at the 23rd Session of
the Universal Periodic Review Nepal, 2015.
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