transmission rights for mothers and fathers have not made these reforms retroactive. As a result, children born before the reform may still face barriers to acquiring nationality from their mothers on the same basis as they would from their fathers. Such situations are not included in this note. Additionally, certain States provide for equal nationality transmission rights for mothers and fathers but allow nationality conferred by the mother to be repudiated before the child reaches the age of majority. While this is a form of gender discrimination, such provisions fall outside the scope of this background note. The analysis focuses on legislation governing nationality acquisition, specifically examining nationality laws and constitutional provisions. In cases where constitutional provisions contradict nationality laws, the contradiction is explicitly noted. Countries are classified as having gender discrimination in nationality acquisition based on discriminatory provisions in law rather than in practice. However, where notable discrepancies between law and practice exist, they are highlighted in the analysis. The background note does not assess the effectiveness of legal remedies available to individuals affected by discriminatory provisions, nor does it analyze broader administrative or procedural barriers that may arise in the implementation of nationality laws. The international and regional legal framework and other commitments Gender-equal nationality rights are enshrined in several international legal instruments, emphasizing the right to nationality and the principle of non-discrimination. The Universal Declaration of Human Rights (UDHR) (Article 15) affirms that “everyone has the right to a nationality”, and underscores in its preamble that “everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, […]”. Specifically on the issue of gender discrimination, the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) obliges States Parties to grant women equal rights with men with respect to acquisition, change, or retention of their nationality (Article 9(1)) and in relation to the conferral of nationality on their children (Article 9(2)). In addition, it obliges States Parties to accord women equality with men before the law (Article 15(1)). Out of the 28 countries with nationality laws that contain gender discriminatory provisions in the conferral of nationality on children, 25 are parties to the CEDAW. Only Iran, Somalia, and Sudan are not parties. However, 12 of the parties have made reservations against Article 9(2) 4 U N H C R > B A C K G R O U N D N O T E O N G E N D E R E Q U A L I T Y, N AT I O N A L I T Y L A W S A N D S TAT E L E S S N E S S 2 0 2 6

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