Good
Practices
Paper
Action 3
Removing Gender Discrimination
from Nationality Laws
UNHCR is publishing a series of Good Practices Papers to help States, with the support of other stakeholders,
achieve the goals of its Campaign to End Statelessness within 10 Years. These goals are to:
Resolve the major
situations of statelessness
that exist today
Prevent the
emergence of new cases
of statelessness
Improve the identification
and protection of
stateless populations
Each Good Practices Paper corresponds to one of the 10 Actions proposed in UNHCR’s Global Action Plan to
End Statelessness: 2014 - 2024 and highlights examples of how States, UNHCR and other stakeholders have
addressed statelessness in a number of countries. Solutions to the problem of statelessness have to be tailored
to suit the particular circumstances prevalent in a country. As such, these examples are not intended to serve
as a blueprint for strategies to counter statelessness everywhere. However, governments, NGOs, international
organizations and UNHCR staff seeking to implement the Global Action Plan will be able to adapt the ideas
they find in these pages to their own needs.
Background
Action 3 of the Global Action Plan calls on States to remove gender discrimination from nationality laws.
The attainment of gender equality in nationality laws worldwide would constitute a major step forward in
preventing statelessness. International human rights law provides for equal treatment of women and men.
Article 9(2) of the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW)
contains an explicit obligation whereby States Parties shall grant women equal rights with men with respect to
the nationality of their children.1 Nonetheless, at present 27 countries - in almost all parts of the world - have
laws that discriminate against women in their ability to confer nationality on their children.2
1
The full text of Article 9 of CEDAW reads as follows: (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.
2
The majority of these States are found in the Middle East and North Africa (12 countries) and Sub-Saharan Africa (eight countries). Five States
in Asia, as well as two States in the Americas, also do not grant mothers the same rights as fathers to confer their nationality on their children.
For a full discussion on this matter, please see UN High Commissioner for Refugees, Background Note on Gender Equality, Nationality Laws and
Statelessness 2015, 6 March 2015, available at http://www.refworld.org/docid/54f8369b4.html, and Equality Now, Ending Sex Discrimination in
Nationality and Citizenship Laws, May 2014, available at http://goo.gl/TuA5EQ
1
CAMPAIGN TO END STATELESSNESS WITHIN 10 YE ARS