A/HRC/36/30
including in the cases of displacement or in relation to victims of trafficking; and (c)
monitoring whether the implementation of nationality laws had an unintended
discriminatory impact on women and amending administrative procedures and
requirements to ensure women’s equal enjoyment of nationality rights.
36.
Lastly, they suggested that Governments provide safeguards against and remedies
for violations of women’s equal nationality rights by: (a) facilitating the acquisition of
nationality for those who did not benefit from recent reforms in nationality laws because
the law was not retroactive or had other stringent requirements; (b) concluding agreements
with other States on nationality matters to prevent statelessness; (c) protecting women
human rights defenders involved in nationality-related campaigns and ensure effective
representation of women in all processes to reform nationality laws and in their
implementation, whether at the local, national, regional or international level; (d) ensuring
that effective and appropriate remedies were available to all persons, in particular women
and children, whose right to a nationality had been violated, including restoration of
nationality and expedient provision of documentary proof of nationality by the State
responsible for the violation; and (e) in order to facilitate consistency in the provision of
effective remedies, disseminating widely all relevant judicial decisions and
recommendations of human rights mechanisms on nationality and ensure local governments
and local courts were made aware of related decisions and recommendations and their
applicability under their local jurisdiction.
37.
With regard to civil society organizations, the experts and participants of the
workshop recommended that they: (a) monitor the implementation of the reformed law,
including at the executive and judicial levels; (b) disseminate information, raise awareness
and share good practices among concerned stakeholders; (c) and sustain engagement with
the Government on gender equality issues. 43
VII. Conclusions and recommendations
38.
Many experts and participants referred to the importance of the international
legal framework to eliminate discrimination against women in nationality rights. The
testimonies of persons affected by discrimination against women in nationality rights
underscored the gravity of the impact that such discrimination could have on their
identity, dignity and the enjoyment of a wide range of human rights. Several experts
and participants pointed out that gender equality in nationality rights contributed to
achieving a number of Sustainable Development Goals, as well as broader national
development. It also contributed to more inclusive and stable society and the wellbeing of the population by reducing social marginalization and alienation. While
ensuring women’s equal nationality rights through law reforms and their
implementation may be a long-term project, it was a feasible and necessary goal to
achieve.
39.
Experts and participants shared concrete and practical recommendations for
law reforms and their implementation, as described in sections IV to VI above. In
particular, many experts and participants emphasized that strong political leadership
at the highest levels, as well as active engagement of the Government,
parliamentarians, civil society and the media, were crucial elements for successful law
reform.
40.
Discriminatory gender stereotypes and intersecting forms of discrimination
women faced were identified as major challenges to achieving necessary law reform.
Experts and participants recommended that Governments, working with
parliamentarians, civil society organizations and the media: (a) raise awareness on
gender equality in nationality rights among affected persons and the general public,
including through wide public consultations; (b) involve women as active agents in
43
See, for example, the experience of Egypt in “Good Practices Paper” (footnote 29 above).
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