A/78/256
Declaration of the Association of Southeast Asian Nations and the Commonwe alth of
Independent States Convention on Human Rights and Fundamental Freedoms.
9.
The Human Rights Council has adopted a set of resolutions on nationality,
including on the arbitrary deprivation of nationality (resolution 13/2), on the right to
a nationality of women and children (resolution 20/4), on birth registration and the
right of everyone to recognition everywhere as a person before the law (res olution
28/13) and on the right to a nationality with regard to women’s equal nationality rights
in law and in practice (resolution 32/7). In July 2023, at its fifty-third session, the
Human Rights Council adopted resolution 53/16, by which it urged States to reform
nationality laws that discriminate against women and, where such laws had been
reformed, to ensure their effective implementation.
10. In the 2030 Agenda for Sustainable Development, the importance of the right to
a nationality is acknowledged, as is the fact that gender equality in nationality laws
is crucial to the realization of the 2030 Agenda. In particular, target 16.9 of the
Sustainable Development Goals is aimed at providing legal identity for all, including
birth registration, and target 17.19 is aimed at the strengthening of statistical
capacities, including to ensure that countries achieve universal birth registration.
B.
Linkage between gender-discriminatory nationality laws
and statelessness
11. Sex and gender-based discrimination contained in provisions of nationality laws
is one of the major causes of statelessness, alongside State succession, military
occupation, administrative barriers and gaps related to civil registration and other
forms of discrimination in nationality laws and practices, such as with regard to
ethnicity and religion. In many ways, discriminatory nationality laws and
statelessness are mutually reinforcing, thereby resulting in a vicious circle. While
systemic and historical discrimination is often at the root of statelessness, stateless
persons face further discrimination and are deprived of basic rights owing to their
lack of nationality. Although definitive or quantifiable data are limited, existing
evidence suggests that gender-discriminatory nationality laws lead to statelessness. 9
12. Many States discriminate in the way that their laws provide for the acquisition,
conferral, change and retention of nationality, including on grounds of sex and gender.
Even where the law is not exclusionary, women and girls from minority groups may
experience discrimination in practice when seeking to access nationality rights. For
instance, women may be required to change their nationality upon marriage or at its
dissolution, restricted or denied in their ability to pass on their nationality to their
children or a spouse or prevented from registering the birth of their children or other
vital statistics or gaining independent access to civil registration documents,
including birth and marriage certificates, that are required to claim nationality rights.
13. According to UNHCR, discriminatory nationality laws can lead to statelessness
whereby children cannot acquire nationality from their fathers, which can occur:
(a) where the father is stateless; (b) where the laws of the father’s country do not
permit conferral of nationality in certain circumstances, such as when the child is
born abroad; (c) where a father is unknown or not married to the mother at the time
of birth; (d) where a father has been unable to fulfil administrative steps to confer his
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9
6/23
Radha Govil and Alice Edwards, “Women, nationality and statelessness: the problem of unequal
rights”, in Nationality and Statelessness under International Law, Alice Edwards and Laura van
Waas, eds. (Cambridge, Cambridge University Press, 2014), p. 170.
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