A/78/256
17. With regard to the conferral of citizenship to children born overseas, most
countries guarantee equal rights to women and men; countries where that is not the
case include Libya and Togo. 14 Most countries have codified the continued right of
any citizen to their nationality, irrespective of marriage to a foreigner or upon its
dissolution. Restoring a woman’s nationality is not a straightforward procedure in
some countries. An Iraqi woman who chooses to renounce her nationality after
acquiring the nationality of her non-Iraqi spouse is able to recover her nationality
only under specific conditions, such as if her non-Iraqi spouse is granted Iraqi
nationality or if she remarries an Iraqi national. In the event that her spouse dies,
divorces her or terminates their marriage, she shall regain her Iraqi nationality
effective from the date of application, provided that she was residing in Iraq at the
time of application. The above-mentioned renunciation requirements are not imposed
on men. 15
18. Several countries also do not permit women to transmit their nationality to a
foreign spouse. For example, in the Philippines, section 15 of the Commonwealth Act
No. 473, otherwise known as the Revised Naturalization Law, provides for the
automatic conferral of derivative citizenship from husband to wife, which ultimately
deprives women of their choice of nationality. Furthermore, section 12 of Republic
Act No. 9139 provides that married women who apply for naturalization are unable
to confer their citizenship on a foreign spouse. In Jordan, Lebanon and Oman, women
lack the right to transmit their nationality to their spouse or their children. In Iraq,
even where naturalization of a foreign spouse is possible, the requirements for Iraqi
women are more complicated than for non-Iraqi women married to Iraqi men.
19. In most countries, women can automatically transmit their nationality to their
biological children, irrespective of whether the children were born in or out of
wedlock. In other countries, it is impossible to confer nationality on children born to
certain nationals or outside of a legal marriage to nationals, which may result in a
situation of statelessness. For example, according to article 17 of the Personal Status
Law No. 188 of 1959 of Iraq, Iraqi men who are Muslim are permitted to marry only
Muslim, Christian or Jewish women, thereby making marriages between Muslim men
and Yazidi women illegal and their children considered to be born “out of wedlock”.
Many Yazidi women have been forcibly married to Da’esh members in Iraq. Any
children born out of wedlock in such cases are then registered as Muslim under a fake
father’s name, as the law does not allow for women to g ive their names to their
children.
20. Several countries prohibit minorities from becoming nationals of their
countries, thereby rendering them stateless, in contravention of their international
obligations. As was noted by the Special Rapporteur on minority issues, in 2018,
persons belonging to national or ethnic, religious and linguistic minorities accounted
for more than 75 per cent of the world’s known stateless populations (see A/73/205),
with at least half of them women and girls. According to the 2014 population census
of Myanmar, an estimated 11 million people lacked any legal identity documents,
54 per cent of them women. While a lack of legal identity documentation does not
render someone stateless, it can be used as a means of excluding certain populations.
In the light of the country’s Citizenship Law of 1982, statelessness particularly affects
those persons not recognized as belonging to one of the 135 defined “indigenous
races” or ethnic groups. The largest of these affected groups is the Rohingya Muslim
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14
15
8/23
For full list, see UNHCR, “Background note on gender equality, nationality laws and
statelessness 2023”.
Iraq, Nationality Act, No. 26 (2006).
23-14780