“Notwithstanding anything contained in Article 8 of this Constitution, a person born
legitimately outside The Bahamas after 9th July 1973 whose mother is a citizen of The
Bahamas shall be entitled, upon making application on his attaining the age of eighteen years
and before he attains the age of twenty-one years, in such manner as may be prescribed, to
be registered as a citizen of The Bahamas”.
35. This clear distinction in the automatic acquisition of Bahamian nationality for children born
abroad, which is dependent on the sex and marital status of the parent, is in clear contradiction
to the principle of non-discrimination enshrined in the Article 2 of the CRC. Moreover, in cases
where the child cannot acquire nationality from his/her father either because he may be
stateless, unable to confer his nationality, missing, or unwilling to establish paternity, the child’s
right to acquire a nationality may be violated, again resulting in their statelessness.
Gender Discrimination in Nationality Laws
36. The previous section outlined clear instances where current nationality laws of the Bahamas do
not guarantee the child’s right to acquire a nationality, mostly due gender discrimination, but
also due to a lack of legal safeguards to ensure access to nationality for children otherwise
stateless and foundlings. These provisions are not only inconsistent with The Bahamas’
obligations under the CRC, but also its obligations under CEDAW.
37. The current laws and policies of The Bahamas on nationality prevent men and women from
conferring nationality on their children on an equal basis, and instead depend on one’s marital
status and gender.
38. In addition to the discriminatory provisions outlined above, women are also discriminated
against in the transmission of their nationality to their spouse. Article 10 of the Constitution
provides:
“Any woman who, after 9th July 1973, marries a person who is or becomes a citizen of The
Bahamas shall be entitled, provided she is still so married, upon making application in such
manner as may be prescribed and upon taking the oath of allegiance or such declaration as
may be prescribed, to be registered as a citizen of The Bahamas”
39. The above referenced Constitutional entitlement extends only to the foreign spouses of
Bahamian men, and with no equal provision for the foreign spouses of Bahamian women, this
clearly discriminatory provision not only undermines women’s right to freely choose a spouse,
but it may also further impact the right to family life, including the child’s right to know and be
cared for by their parents, and in the case of spouses who might be stateless, impacts the ability
to find a remedy for their lack of nationality.
40. Similarly, in the case of adoption of a child who is not a Bahamian national, the Nationality Act
discriminates against women in cases of joint adoption, with Bahamian nationality acquired
through the paternal line only.
41. Gender discrimination in the laws and policies of The Bahamas pertaining to nationality
undermine women and men’s equal citizenship and their equality in the family – reinforcing and
contributing to gender-discriminatory social norms – while also contributing to gender-based