obligation on the State to ensure that children are born with a nationality,
a more inclusive formulation of the law is preferred, where children born to
both female and male nationals abroad automatically acquire nationality of
the State of the parent’s nationality. The ability of parents of either gender
to confer their nationality to their children on an equal basis in the case
that they are born abroad is very important, particularly in humanitarian
emergencies and situations of displacement that create family separation
as well as a significantly heightened risk of statelessness, where family unity
may be threatened, and women may be forced to give birth outside of their
home country, and possibly without the father of the child present. In such
situations, if women cannot confer nationality to their children the children
may wind up stateless. Due to devastation in crisis areas, such as currently in
Syria, many refugees sought and seek safety in countries in the region empty
handed, with few forms of documentation, and documents that may have
expired. This makes it extremely difficult for them to go through the process
of obtaining a birth certificate for children that are born in exile. It is known
that the lack of documentation can be a vicious cycle. For instance, people
without documents cannot obtain documents for their children, they cannot
access essential services, they cannot have access to vital protection, or live
their lives in a normal way, as the obstacles they face are many. The risk
of statelessness is even more acute because so many refugee children are
separated from their families, making it even harder to establish the family
links and the country to which they belong as nationals, and making it that
much more important that their births are registered. Furthermore, conflicts
often devastate the facilities, infrastructure and capacity of State bodies that
issue nationality and identity documentation.
Application
Enacting gender equal legislation has an enormous positive impact on
children and families.34 As more children enjoy their right to a nationality,
they will more easily have access to basic services such as health and
education, and are protected from situations of exploitation and violence,
such as child marriage, child labour, family separation, trafficking and illegal
adoption. This is likely to have longer term economic impacts, as people with
an education will eventually have greater job prospects. This positive impact
will be further boosted as those with full nationality have unhindered access
to the labour market. Allowing women to pass nationality to their children on
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