A/HRC/36/30
I. Introduction
1.
In its resolution 32/7, the Human Rights Council requested the United Nations High
Commissioner for Human Rights, in coordination with the United Nations High
Commissioner for Refugees, to organize a half-day expert workshop to showcase best
practices to promote women’s equal nationality rights in law and in practice, and to submit
to it at its thirty-sixth session a summary report on that workshop, including any
recommendations stemming therefrom. The workshop took place in Geneva on 16 May
2017. Eight experts and approximately 70 participants attended the workshop, including
State delegations, civil society organizations, United Nations agencies and persons who had
been affected by discrimination against women in nationality laws. One of the members of
the working group on discrimination against women in laws and in practice also
participated as an expert.
2.
The present report includes a summary of the views and good practices described
and recommendations made by participants, including those shared during preparations for
the workshop. The discussion during and recommendations emanating from the workshop
built upon calls made by the Human Rights Council in its resolution 32/7, the undertakings
made by States regarding their obligations under the international human rights treaties they
have ratified, and the commitments made by States under the 1995 Beijing Declaration and
Platform for Action and the 2030 Agenda for Sustainable Development. They also took into
consideration the analysis and recommendations provided in the report of the Office of the
United Nations High Commissioner for Human Rights (OHCHR) on discrimination against
women on nationality-related matters, including the impact on children (A/HRC/23/23) and
in Committee on the Elimination of Discrimination against Women general
recommendation No. 32 (2014) on the gender-related dimensions of refugee status, asylum,
nationality and statelessness of women. The discussion was also informed by efforts by the
international community to achieve the goals of global campaigns, such as the 10-year
campaign to end statelessness entitled “I Belong” of the Office of the United Nations High
Commissioner for Refugees (UNHCR) and the global campaign for equal nationality rights
by an international coalition of organizations.
II. Overview of women’s equal nationality rights
3.
The vast majority of States guaranteed gender equality in their nationality laws.
Since 2003, 17 countries had fully or partially reformed their nationality laws to ensure
gender equality. 1 Nevertheless, gender discrimination in nationality laws remained a
concern in several countries throughout the world. According to UNHCR, 25 countries did
not grant women the same rights as men to confer their nationality on their children, 2 and
more than 50 countries did not recognize women as having equal rights to men to acquire,
change and retain their nationality, or to confer nationality on non-national spouses.3
4.
Discrimination against women in nationality laws manifested itself as the restriction
of women’s ability to: (a) acquire, change and retain their nationality; (b) confer nationality
on their children; and (c) confer nationality on their spouse.4 Discrimination against women
in other laws, policies and practices, such as family laws, criminal laws and civil
registration, may also result in discrimination against women and their families in terms of
1
See UNHCR, “Background Note on Gender Equality, Nationality Laws and Statelessness 2017”,
available from www.refworld.org/docid/58aff4d94.html. Most recently, Sierra Leone amended its
Citizenship Act in July 2017 to guarantee women and men the equal right to confer nationality on
children. See
www.parliament.gov.sl/dnn5/LinkClick.aspx?fileticket=VzcD6jpuQCo%3d&tabid=92&mid=652.
2
See “Background Note on Gender Equality” (footnote 1 above).
3
See http://equalnationalityrights.org/the-issue/the-problem.
4
See A/HRC/23/23, para. 72.
2