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
where we find this discrimination in nationality laws are in
Asia, especially the Middle East, and North Africa. Direct
sex discrimination has largely been eradicated in the countries in the Americas, with the exception of the Bahamas,
Barbados, Dominican Republic, and Haiti, which continue
to have discriminatory provisions.
Mothers cannot transfer citizenship automatically through
descent-based citizenship acquisition for children born in
the territory in 15 countries. Of these countries, Bahrain,
Eswatini, Jordan, Nepal, Oman, Saudi Arabia, Syria, and
the United Arab Emirates allow mothers to transmit their
citizenship only to prevent statelessness if the father is unknown. In Iran, Kuwait, and Somalia, officials review applications by women, whereas the process is automatic for the
father.
While some of the practices of sex discrimination in citizenship law are declining, other forms of discrimination are
evolving. The rise of alternative reproductive technologies
means that a diverse range of family types are having and
raising children. Policies, procedures, and legislation often
have not caught up to include same-sex couples seeking to
transfer both spouses’ citizenship to their children. In other
cases, states do not recognise the partnership of same-sex
couples, who will then face discrimination in transferring
their citizenship equally to their spouse or children (see more
on this below).
In addition to the 15 states just mentioned, five more discriminate in cases of children born abroad. A child born to
a citizen mother of the Bahamas, Iraq, Libya, Malaysia, and
Mauritania must apply for citizenship (and the procedure
is discretionary). In contrast, it would be automatic in the
case of a child born abroad to a citizen father. Children born
abroad to Mauritanian mothers and foreign fathers can opt
into Mauritanian nationality in the year before reaching majority at age 18.
Birthright citizenship acquisition
The only country that differentiates unconditional territorial birthright based on sex is Haiti. A person born in Haiti to
an alien father (and of African descent) will receive citizenship automatically. However, children of women who are
aliens and of African descent can access Haitian citizenship
only if the father of the child is unrecognised (i.e., not legally
established on the birth certificate).
In terms of citizenship transmission by descent, mothers
cannot pass their citizenship to their children in 8% of countries when the child is born in the territory and in 11% of
countries when the child is born abroad. Only fathers who
are citizens can transmit citizenship to their children in these
states. With regard to territorial birthright citizenship, we
find the smallest number of countries (6%) with sex discrimination (those where citizenship can only be acquired if the
father or grandfather was also born in the country).
Children born in Morocco and Yemen to a non-citizen
father who was also born in the territory can access citizen
2.2 SEX DISCRIMINATION IN CITIZENSHIP ACQUISITION AT BIRTH AND BY MARRIAGE, 2024
Share of countries with discriminator y provision | 191 countries | 2024
Citizenship by birth in country
8%
Citizenship by descent (birth abroad)
11%
Citizenship by descent (birth in country)
6%
Citizenship by marriage
Sex discrimination
YES
23%
NO
Source: GLOBALCIT Citizenship Law Dataset, v3, modes A01a, A01b, A02, A08
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