A/HRC/36/30
have nationality of the country of family’s residence, or their lack of access to higher
education or work permits. Those scenarios may undermine children’s right not to be
separated from their parents against their will. 23
IV. Law reforms to ensure women’s equal nationality rights
19.
In its resolution 32/7, the Human Rights Council urged States to take immediate
steps to reform nationality laws that discriminated against women by granting equal rights
to men and women to confer nationality on their children and spouses and regarding the
acquisition, change or retention of their nationality. 24
20.
Experts and participants recommended a number of measures to guarantee women’s
equal rights in nationality laws. With regard to the acquisition, change or retention of
nationality, they recommended that States: (a) ensure that marriage to a foreigner or a
change to the husband’s nationality during marriage would not automatically change the
nationality of the wife, force her to take the nationality of the husband or put her at risk of
statelessness; (b) ensure that a woman who had acquired nationality on the basis of
marriage to a national did not lose that nationality in the event of dissolution of the
marriage, or death of the spouse, unless requested along with proof of alternate nationality
submitted by the affected woman herself; (c) introduce safeguards to nationality laws to
ensure that any loss of nationality was applicable equally to women and men and
conditional upon the possession or acquisition of another nationality; and (d) allow women
and men whose marriage had been dissolved to reacquire their former nationality
automatically through a simple declaration in cases where automatically they lost or had to
renounce their nationality when they married.
21.
With regard to women’s ability to confer their nationality on their children and
spouses, experts and participants recommended that States: (a) ensure that women may
confer nationality on their children and their foreign spouses on the same basis as men; and
(b) not distinguish between children born in and out of wedlock with regard to birth
registration and the acquisition of nationality, and make laws, policies and regulations
consistent.
22.
They also recommended that those States that have not done so ratify international
treaties that prohibit gender discrimination in relation to the right to nationality, 25 including
the Convention on the Elimination of All Forms of Discrimination against Women, without
reservations to article 9 and other provisions of the Convention that impede women’s
enjoyment of nationality rights on the same basis as men.
23.
In addition, States may consider providing safeguards against statelessness and the
lack of full enjoyment of human rights due to statelessness, including by: (a) taking
measures to facilitate the transmission of nationality to the children and spouses of women
who had become stateless or lost their nationality before reformed laws came into force,
possibly including by applying the reformed law retrospectively to eliminate statelessness;
(b) facilitating, in accordance with their national laws, the acquisition of nationality by
children born in their territories or to their nationals abroad who would otherwise be
stateless; (c) considering the recognition of dual nationality for children born to parents
from different nationalities and for spouses married to foreigners and residing in the State
of the spouse who expressed their wish to acquire the nationality of their spouse without
losing their nationality of origin; (d) guaranteeing the full enjoyment of human rights for
non-national family members, in particular the rights to education, enjoyment of the highest
attainable standard of health, work, property, freedom of residence and freedom from
violence (access to timely and effective administrative and judicial remedies should be also
available to them); (e) combating human trafficking, including through the identification of
potential victims of trafficking and the provision of appropriate assistance to stateless
23
See Convention on the Rights of the Child, art. 9.
See Human Rights Council resolution 32/7, para. 5.
25
For more details of legal frameworks on non-discrimination against women in nationality laws, see
A/HRC/23/23, paras. 8-18.
24
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