CChapter 3: Comparative analysis of nationality laws
provisions on access to nationality following marriage:
apart from Algeria (as already mentioned), the route
to nationality for a non-national woman who marries
a national man is far less burdensome than that for
a non-national man who marries a national woman.
On the other hand, it is encouraging to see that none
of MENA’s current nationality laws contain provisions
that would leave a woman stateless by automatically
stripping her of nationality if she marries a foreign
man – nationality is only lost, in those countries which
provide for it, in the event that she actually acquires
her foreign husband’s nationality. Nevertheless, given
that it is such a prevalent issue in the region, the
background to and consequences of such gendered
nationality policy, as well as the context and content
of recent reforms to remove discriminatory provisions
in several countries, is explored in greater detail in
chapter 4.171 It suffices to say here that the MENA has
a long way to go before its laws fully catch up with the
contemporary perspective of women’s independent
nationality rights and with international standards,
including those in CEDAW and the Convention on
the Rights of the Child.
171 - See also Women’s Refugee Commission, Our Motherland, Our Country.
Gender Discrimination and Statelessness in the Middle East and North Africa,
June 2013; Z. Albarazi and L. van Waas, “Transformations of nationality legislation
in North Africa” in Isin, E., and Nyers, P. (eds) The Routledge Handbook on Global
Citizenship Studies, Routledge, 2014.
131
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