The right of every child to acquire and retain a nationality
30. Gender discrimination in the Constitution and nationality law of The Bahamas results in violations of every
child’s right to acquire and retain a nationality.
31. The Bahamas’ law does not comply with CRC Articles 7 and 8, when read in accordance with the principle
not to discriminate (Article 2) and the principle of the best interests of the child (Article 3). It is important
to note however, the Bahamas’ reservation to CRC Article 2. Articles 7 and 8 set out as follows:
Article 7
1. The child shall be registered immediately after birth and shall have the right from birth to a name,
the right to acquire a nationality and, as far as possible, the right to know and be cared for by his or
her parents.
2. States Parties shall ensure the implementation of these rights in accordance with their national law
and their obligations under the relevant international instruments in this field, in particular where
the child would otherwise be stateless.
Article 8
1. States Parties undertake to respect the right of the child to preserve his or her identity, including
nationality, name and family relations as recognized by law without unlawful interference.
2. Where a child is illegally deprived of some or all of the elements of his or her identity, States Parties
shall provide appropriate assistance and protection, with a view to re-establishing speedily his or her
identity.
32. Bahamian law is contrary to these provisions, as children’s ability to acquire the nationality of their
Bahamian mother or father is dependent upon the parent’s gender and marital status. The denial of the
child’s right to a nationality due to discrimination against their parents on the basis of sex, marital status,
or other grounds, is a violation of the CRC. In addition, Bahamian women’s inability to confer nationality
on their foreign spouses threatens a child’s right to know and be cared for by his or her parents. For
example, when a foreign man is denied access to his spouse’s nationality, he may be forced to live away
from his child(ren) due to challenges in acquiring residency permits and obstacles to employment.
Alternatively, a father may have to take any children away from the mother and back to his home country
for a number of reasons, including if his employment and social status in his wife’s country is insecure
because of his nationality status. Both instances clearly infringe upon a child’s right to family unity, which
is recognised in the preamble of the CRC and Article 8 of this Convention, which asks States Parties to
respect a child’s right to family relations.
The human rights impact of gender discrimination in the nationality law
33. Gender discrimination in nationality laws can result in significant violations of the rights of women,12
men, and children, including: statelessness; lack of access to public education, healthcare and other
services; increased risk of gender-based violence; unemployment and poverty; social alienation; and
12
See Global Campaign for Equal Nationality Rights-UNHCR “CEDAW Quick Reference Guide,” available at:
http://equalnationalityrights.org/reports/document/1229-cedaw-nationality-laws-guide