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
2.5 SEX DISCRIMINATION IN CITIZENSHIP LAW, BY POLITICAL REGIME
Mean (autocracy) = 0.9 | Mean (democracy) = 0.1 | 179 countries | 2024
89%
Share of countries
Autocracy
Democracy
56%
21%
9%
0
1
2
14%
8%
0
3
1
1%
1%
2
3
Number of discriminatory modes present in a country
Source: GLOBALCIT Citizenship Law Dataset, v3, modes A01a, A01b, A02, A08 | V-DEM v2x_regime
Figure 2.5 represents the number of direct sex discriminatory citizenship provisions present in the citizenship law of
a state by regime type (democracy or autocracy). Countries
with more sex discriminatory citizenship laws are generally
more autocratic than democratic. This does not mean that
all autocratic countries have discriminatory laws. In fact, our
data show that many autocracies do not have direct discrimination in their citizenship laws. Nevertheless, it does show
that there is less direct sex discrimination in citizenship laws
in countries that are democratic.
Beyond the law
This section of the report has primarily focused on sex discrimination that is explicit in a state’s citizenship law. Even
so, discrimination may also occur in the constitution or in
the family law of a state (such as with the right to same-sex
marriage or adoption), thus influencing citizenship acquisition or transmission.
In addition, discrimination in the law, policies and procedures that states use to implement their citizenship law can
indirectly discriminate against certain groups. This would
include cases where requirements for citizenship are more
challenging for one group to fulfil than others. For example,
naturalisation requirements that overemphasise economic
requirements could negatively impact female applicants, as
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women often do not share in the same material wealth or
are offered the same economic/educational opportunities as
men.
Another relevant example is where administrative and legal
documents do not allow individuals to self-identify their
gender, or their sex designation cannot be changed on their
official documentation after birth (for example, on a birth
certificate). Less than 30 countries globally have adopted a
third gender identity marker (“X”) on passports or other
citizenship-related documents. Countries that do not allow
or recognise a nonbinary identity marker or do not allow
individuals to update their gender identity/sex designation
create additional barriers and risks for transgender, intersex,
and nonbinary people in the acquisition or transmission of
citizenship.
One of the challenges going forward in pushing for equal
access in citizenship law will be to widen the scope of what
we understand as gender-based discrimination. First, this
should be beyond the binary of women in relation to men
and include other gender identities and sexual orientations.
And second, it should capture the discrimination that occurs
indirectly in adjacent legal or policy fields that can affect the
acquisition or transmission of citizenship, such as in parental
establishment policies that do not legally recognise certain
types of parenthood.