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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