T H E G L O B A L S TAT E O F C I T I Z E N S H I P
Marriage-based acquisition
of citizenship
Sex discrimination in a global context
Direct sex discrimination is most common in citizenship
laws pertaining to marriage acquisition, as we find this present in 43 countries. In these cases, only women acquire their
spouses’ citizenship (17% of countries), or the requirements
are different for the two sexes in transferring citizenship to
their spouse (5% of countries).
These data do not cover the cases where spousal transmission is not possible for same-sex couples, as this limitation
tends to be embedded in legal areas such as the family law of
the state or in the constitution. Discrimination in spousal
transfer is far greater if expanded to include these adjoining
legal areas. In 110 countries, same-sex marriage or registered
partnerships between same-sex couples are illegal, and there
are a further 36 countries where same-sex marriage is unrecognised, only allowed in cases of foreign marriages, or considered unregistered cohabitation. Based on these figures, if
including same-sex couples, there are at least 146 countries
where there is no equal access in spousal transfer of citizenship.
Figure 2.4 visualises the share of the world population affected by direct sex discrimination in the law, i.e., where there
is discriminatory legislation that differentiates between men
and women. The largest population living in countries with
sex discriminatory citizenship laws is on the African continent (53%). In Asia, 20% of the population lives in countries
with sex discriminatory citizenship laws. By comparison,
only 2% of the population of the Americas lives in such
countries, while direct sex discrimination has been eliminated in Europe and Oceania.
In reality, the number of individuals living under discriminatory citizenship regimes is much higher if we consider cases
of indirect discrimination or discrimination that occurs in
a related legal area affecting citizenship acquisition (e.g.,
family law).
2.4 LIVING UNDER SEX DISCRIMINATORY CITIZENSHIP LAW
Share of af fected population, globally and by world region | 2024
Population size (in billions)
4.72 B
8.02 B
22%
1.47 B
1.03 B
20%
0.74 B
53%
Asia
Sex discrimination
Africa
0.04 B
2%
0%
0%
Americas
Europe
Oceania
YES
NO
Source: GLOBALCIT Citizenship Law Dataset, v3, modes A01a, A01b, A02, A08; World Development Indicators
14
World