The analysis focuses on legislation governing nationality acquisition, specifically examining
nationality laws and constitutional provisions. In cases where constitutional provisions
contradict nationality laws, the contradiction is explicitly noted.
Countries are classified as having gender discrimination in nationality acquisition based on
discriminatory provisions in law rather than in practice. However, where notable discrepancies
between law and practice exist, they are highlighted in the analysis. The background note
does not assess the effectiveness of legal remedies available to individuals affected by
discriminatory provisions, nor does it analyze broader administrative or procedural barriers that
may arise in the implementation of nationality laws.
The international and regional legal
framework and other commitments
Gender-equal nationality rights are enshrined in several international legal instruments,
emphasizing the right to nationality and the principle of non-discrimination. The Universal
Declaration of Human Rights (UDHR) (Article 15) affirms that “everyone has the right to a
nationality”, and underscores in its preamble that “everyone is entitled to all the rights and
freedoms set forth in this Declaration, without distinction of any kind, …”. Specifically on the
issue of gender discrimination, the Convention on the Elimination of All Forms of Discrimination
Against Women (CEDAW) obliges States Parties to grant women equal rights with men in
respect to acquisition, change, or retention of their nationality (Article 9(1)) and in relation to the
conferral of nationality on their children (Article 9(2)).
Out of the 28 countries2 with nationality laws that contain gender discriminatory provisions in
the conferral of nationality on children, 25 are parties to the CEDAW. Only Iran, Somalia, and
Sudan are not parties. However, 12 of the parties have made Reservations against Article 9(2)
or to the entirety of Article 9.3 The countries with discriminatory nationality laws that are parties
to CEDAW without a Reservation against Article 9(2) are: Barbados, Burundi, the Dominican
Republic, Eswatini, Iraq, Kiribati, Libya, Madagascar, Mauritania, Mauritius, Nepal and Yemen.
The Convention on the Rights of the Child (CRC) further reinforces the framework by protecting
every child’s right to acquire a nationality (Article 7). Similarly, the International Covenant on
Civil and Political Rights (ICCPR) protects children’s right to acquire a nationality (Article 24) and
mandates equal protection of the law without any discrimination (Article 26), further buttressing
the principle of gender-equal nationality rights.
2
These 28 countries include those where: (i) women who are nationals by birth do not have the same ability as men to
confer nationality on their children, (ii) women who acquired nationality later in life face unequal restrictions in conferring
nationality, or (iii) women do not have equal rights to confer nationality in cases of adoption.
3
These countries are: The Bahamas, Bahrain, Brunei Darussalam, Jordan, Kuwait, Lebanon, Malaysia, Oman, Qatar,
Saudi Arabia, Syria, and the United Arab Emirates.
4
U N H C R > B A C K G R O U N D N O T E O N G E N D E R E Q U A L I T Y, N AT I O N A L I T Y L A W S A N D S TAT E L E S S N E S S 2 0 2 5