Bahamian government from fulfilling its obligations, as a State party to several international human rights
Conventions including CEDAW, CRC, and the ICCPR, to uphold equal nationality rights for women and men.
Women’s nationality rights
26. By denying married women the equal rights to confer nationality on children born outside the country,
adopted children, and spouses, The Bahamas’s Constitution and Nationality Act violate women’s
nationality rights and international human rights standards, including Article 9 of the CEDAW. According
to Article 9:
1. States Parties shall grant women equal rights with men to acquire, change or retain their nationality.
They shall ensure in particular that neither marriage to an alien nor change of nationality by the husband
during marriage shall automatically change the nationality of the wife, render her stateless or force upon
her the nationality of the husband.
2. States Parties shall grant women equal rights with men with respect to the nationality of their children.
27. In its recent General Comment No. 32 on the gender-related dimensions of refugee status, asylum,
nationality and statelessness of women, the Committee confirmed that Article 9 extends an obligation to
ensure equality between men and women in the ability to confer their nationality to their spouses.
28. It its Concluding Observations during The Bahamas’ 6 August 2012 review, the CEDAW Committee
recommended that the State party:
“(a) Raise awareness among the population on the equal rights of women and men with regard to
transmission of nationality; (b) Amend its Constitution and relevant domestic laws to grant Bahamian
women equal rights with men regarding the transmission of their nationality to their children or to their
spouses of foreign nationality; (c) Withdraw its reservation to article 9 (2) of the Convention…”10
29. While women’s inability to equally confer citizenship on children and spouses is particularly relevant to
CEDAW, the nationality law’s discrimination against single fathers is also pertinent to the perpetuation of
discrimination against women, in particular its impact on traditional stereotypes that negatively impact
women. By denying single fathers the right to confer nationality on children on an equal basis with single
mothers, the State is implicitly endorsing and reinforcing the notion that the responsibilities of parenting
‘naturally’ belong exclusively to the mother. This is contrary to the idea of equality between the sexes, and
undermines women’s equality in professional, public and cultural life.11
10
(CEDAW/C/BHS/CO/1-5) available at:
http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CEDAW%2fC%2fBHS%2fCO%2f1-5&Lang=en
11 Global Campaign for Equal Nationality Rights, United Nations Office of the High Commissioner for Refugees “CEDAW Quick Reference
Guide,” available at http://equalnationalityrights.org/images/zdocs/CEDAW-Quick-Reference-Guide.pdf