16. The application process for the acquisition of citizenship by children born to Nepali women, outlined in the Citizenship Act24 and the Citizenship Rules25 is a challenging, bureaucratic process. According to the Section 5(2) and 5(3), this process requires the applicant to provide a copy of the mother’s citizenship certificate; a recommendation by the local authorities certifying the child’s birth and permanent residency in Nepal; and evidence that the child has not acquired the father’s foreign citizenship. It is likely to be particularly onerous for the children of Nepali women – especially in women-headed households – to provide evidence that foreign citizenship has not been acquired. 17. The denial of equal nationality rights leads to both the denial of proof of legal identity and the denial of the right to a nationality. Furthermore, discrimination in Nepal’s nationality laws inhibits women’s ability, in practice, to freely choose a spouse, in violation of CEDAW Article 16, further entrenching traditional stereotypes regarding the primacy of male legal identity, and contributing to women’s inequality within the family and society at large. Further entrenchment of such stereotypes is in breach of Nepal’s obligations under the CEDAW Article 5(a). CASE 2 Nepali Women cannot confer Citizenship to Children John (name changed) was born to Nepali mother and Indian father in Nepal and living here since then. He received his education in Nepal and now teaching in a private school. He got married to Nepali woman and has three children. He does not have a citizenship certificate for which he has been struggling for 23 years now, but he failed. One of his daughters is now studying nursing. Now more than he himself, he is worried about his children thinking that alike him they will also remained without citizenship. Source: "National Conference with the People without Citizenship" Organized by FWLD, December 08, 2019 18. Despite the Constitution26 proclaims that no citizen of Nepal may be deprived of the right to obtain citizenship27 the Nepal Citizenship Regulation, 2006 requires to submit documentation of recommendation from the orphan home (approved by the government)28 or from the organization under which protection the child was grown up29 or from the individual who has legally obtained guardianship of the child.30 This restricts the street children or the orphan children who have grown up on their own from obtaining citizenship as well as stops them from enjoying their fundamental rights guaranteed by the Constitution. CASE 3 Street Children has no access to Citizenship Kumar Joshi, a street child of Kathmandu worked as a domestic worker after his father abandoned him. While he was working he could study up to lower secondary but later on he left the house and started living in the streets of various places of Kathmandu. With the support of a non-government organization he completed his higher secondary level education and had different trainings. When he was reintegrated to the community he wanted to start his career but he needed a citizenship for this therefore, he applied for citizenship. But he was denied as he could not submit the documents specified by the law since he was brought up in the street. Source: Kumar Joshi v. the Government of Nepal, the Ministry of Home Affairs et al, Writ No. 069-WS-0037, Supreme Court of Nepal, 2012 24. 25. 26. 27. 28. 29. 30. 5 Nepal Citizenship Act, 2006 Nepal Citizenship Rules, 2006 The Constitution of Nepal Article 10 (1), the Constitution of Nepal Rule 3 (3) (a), the Nepal Citizenship Regulation, 2006 Rule 3 (3) (a and c), the Nepal Citizenship Regulation, 2006 Rule 3 (3) (b), the Nepal Citizenship Regulation, 2006