Nationality laws which do not grant women equality with men in conferring
nationality on their children are a cause of statelessness and a concern for
UNHCR.1 Since 2012, UNHCR has issued an annual background note on
gender equality in provisions in nationality laws which relate to conferral of
nationality on children. This background note provides the most up-to-date
information available to UNHCR as of March 2024.
Sixty years ago, the nationality laws of most States did not provide equal rights to women
in nationality matters. This has radically changed for the better since the adoption in 1979 of
the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).
UNHCR’s survey of nationality legislation reveals that equality between men and women
relating to conferral of nationality on children2 has not yet been attained in 24 countries, and
these countries are located in almost all parts of the world. Many of these States are found
in the Middle East and North Africa (twelve countries). Five States in Asia and the Pacific and
five States in Sub-Saharan Africa do not grant mothers equal rights as fathers to confer their
nationality on their children, and the same is the case in two States in the Americas. These
States are listed in the table on page 8 and an analysis of those countries’ laws is presented
on pages 8 to 13. It is important to note that an additional group of States grant equality to men
and women with regard to the nationality of children but not with regard to acquisition, change
or retention of nationality upon change in civil status.3
1
Discrimination between men and women in nationality matters is addressed in a number of international human rights
treaties. Article 9 of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) guarantees
women’s equality (i) with respect to acquisition, change, or retention of their nationality and (ii) their ability to confer nationality
on their children. The International Covenant on Civil and Political Rights and other treaties also address the issue.
2
The scope of the survey is limited to issues concerning conferral of nationality by maternal descent to biological
children born as of March 2022. For example, it is known that a number of countries do not allow naturalized mothers to confer
their nationality to their children on the same basis as men. Other countries place limitations on the ability of adoptive mothers
to confer their nationality equally with adoptive fathers. Some countries that have reformed their laws to ensure equal rights
concerning transmission of nationality by mothers and fathers have not done so with retroactive effect, such that children born
before the date of the reform may not be able to acquire nationality from their mothers on the same basis as they can from their
fathers. These examples are not included within the scope of this survey.
3
An assessment undertaken by UNHCR shows that more than 50 States retain such legal provisions.
2
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