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
Global Campaigns for Equal
Nationality Rights
It used to be common practice for states to discriminate based on sex in their citizenship law. The general
logic was that a family should have one nationality (as
it would have one surname) – the father’s nationality
would extend to the whole family. Thus, upon marriage, the female spouse would acquire the nationality
of her husband and subsequently lose her own. The
result was that many women wound up becoming
stateless if the marriage ended.
The Hague Convention on Certain Questions Relating to the Conflict of Nationality Law (1930)
launched a global campaign to safeguard women’s nationality. However, it was not until the 1933 Montevideo Convention on the Nationality of Women that
the principle that marriage or its dissolution would
no longer affect the nationality of a woman, and her
children, was established. In 1957, the Convention
on the Nationality of Married Women established the
independent nationality of married women and was
adopted by the UN General Assembly.
The most consequential piece of international law
that promises equality in citizenship acquisition, loss,
and transmission is the Convention on the Elimination of All Forms of Discrimination against Women
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(CEDAW), adopted by the UN in 1979. Article 9 of
the Convention protects against discrimination in
citizenship law, stating that “States Parties shall grant
women equal rights with men to acquire, change
or retain their nationality” and “States Parties shall
grant women equal rights with men with respect to
the nationality of their children.” Since then, many
countries have reformed their citizenship laws to not
differentiate between men and women. However,
even though all individuals enjoy the right to a nationality under the Universal Declaration of Human
Rights, it is still up to each sovereign state to decide
the rules relating to its acquisition and loss. This
means that there is substantial variation across the
world in states’ citizenship laws, and the reason why
inequality persists despite international legal guarantees. Recently, there has been an even greater push to
end sex discrimination in citizenship law through the
Sustainable Development Goals 2030, which seek to
end gender discrimination and ensure everyone has a
legal identity. The UNHCR launched its “IBelong
Campaign to End Statelessness” in 2014, which
hoped to achieve gender equality in all nationality
laws by 2024. Since the launch of the campaign, however, only three countries (Madagascar, Sierra Leone,
and Liberia) have reformed their nationality laws to
allow mothers to transmit citizenship equally to their
children.