(e) The father has been unwilling to fulfil administrative steps to confer his nationality or acquire proof of nationality for his children, for example, if he has abandoned the family.29 The proposed provision ensures that women do in fact have the same ability as men to pass on their nationality to their children, in line with States’ obligations under CEDAW. This law would also help to ensure that States fulfil their obligations under the CRC, which is universally ratified in the region. The CRC states that every child has a right to a nationality, and in Article 7(2), it requires that State parties “ensure the implementation of these rights in accordance with their national law, and their obligations under the relevant international instruments in this field, in particular where the child would otherwise be stateless.” Article 7 of the Covenant on the Rights of the Child in Islam similarly requires that States Parties safeguard the elements of a child’s identity, including nationality.30 The International Covenant on Civil and Political Rights, to which all but four LAS member States are parties, likewise stipulates that every child has the right to acquire a nationality.31 The Human Rights Committee, the treaty body which oversees State compliance with the ICCPR, has elaborated on this rule and has established that State parties “are required to adopt every appropriate measure, both internally and in cooperation with other States to ensure that every child has a nationality when he or she is born.”32 The Human Rights Committee further notes that the right of children to acquire a nationality should not be impeded by practices which discriminate on the basis of “children born out of wedlock or of stateless parents or based on the nationality status of one or both of the parents.”33 The adoption of a provision which allows for citizenship by descent from both the mother and father will help to ensure that children born both in the territory of a State, as well as those born abroad, are able to avail themselves of their right to a nationality by increasing the circumstances in which any particular child is able to access this right. In relation to children born outside the country of nationality, some countries require that there is a sufficient nexus to the State, such as habitual residence in the State by the child, particularly upon reaching the age of majority, or the parent who is a citizen of the State, or maintaining a sufficient connection to the country of nationality by registration with its consular services abroad. In order to adhere to international law which provides that there is a positive 16

Select target paragraph3