A/78/256
father, as is the case in Colombia. Furthermore, single mothers and women survivors
of sexual violence or gender-based violence face discrimination by the authorities
when obtaining citizenship documentation, owing to stigmatization. In several
countries, children of single mothers who are unable to prove the identity of the father
are unable to acquire nationality and derivative rights.
Fears and motivations of States to exert demographic control
25. Gender-discriminatory nationality laws may be used to exert demographic
control over who is included and excluded by controlling women’s rights. In Lebanon,
women married to non-Lebanese men cannot confer their nationality on their
children, with the authorities claiming that this restriction prevents a disruptive shift
in the sectarian and demographic balance. 21 The demographic implications of
marriages between Lebanese men and foreign women are not raised as a similar
concern, thus underscoring the patriarchal nature of the restriction. Women’s sexual
and reproductive rights may also be restricted as a method of population control, as
is the case in Myanmar, where, under the Population Control and Health-care Law,
married women are required to ensure an interval of at least 36 months between births,
otherwise their children may not be registered and would be rendered stateless. In
Nepal, perceived demographic threats owing to open borders with neighbouring
countries have also resulted in the instrumentalization of women’s rights. 22
Intersecting discrimination
26. Gender-discriminatory nationality laws are often compounded by intersecting
forms of ethnic, religious, racial and linguistic discrimination, with the affected
minorities facing serious obstacles in accessing their right to nationality and thus
being rendered stateless, as is the case of Roma, Ashkali, Egyptian and Russian speaking minorities in Europe, minorities of Haitian descent in the Dominican
Republic, minorities of Bengali descent in India and the Rohingya in Myanmar. The
causes of statelessness also vary and are rooted in long-standing and intersecting
forms of discrimination, which exacerbate barriers to nationality acquisition
procedures. In Kuwait, stateless Bidoon with disabilities face discriminat ion with
regard to gaining access to services (see A/HRC/43/41/Add.1). In Assam, India,
women and girls from marginalized communities who have limited financial
resources and education may be arbitrarily deprived of their citizenship as a result of
indirect discrimination or owing to a lack of acceptable documentation. 23 PalestinianSyrian women found it more difficult to flee the Syrian Arab Republic on account of
their gender and their lack of effective protection by any State. They were harassed
for not having a male guardian based on the family law of the Syrian Arab Republic
and were often denied entry on account of their Palestinian identity cards and travel
documents, which are issued by the Government of the Syrian Arab Republic to
Palestinian refugees habitually resident in the country and show that they are not in
possession of Syrian nationality. 24
27. Women from religious minorities also face compounded, intersecting forms of
discrimination. In Myanmar, the Buddhist Women Special Law of 2015 imposes
restrictions on Buddhist women who wish to marry outside their faith and requires
mixed-religion couples to obtain permission to marry, which may be denied at the
discretion of local authorities. Women from ethnic minorities face additional
difficulties in regularizing their status and acquiring legal documentation, including
birth registration, owing to language barriers, limited access to information, unfair
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21
22
23
24
10/23
Submission by Peter McMullin Centre on Statelessness.
Ibid.
Ibid.
Ibid.
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