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Proposed Select Draft Articles on Nationality Rights
to Ensure Gender Equality
Article on the guarantee of equality and
non-discrimination
a. The acquisition, change, retention, conferral, loss
and reacquisition of nationality shall be governed
by principles of equality and non-discrimination
on the basis of sex, race, ethnicity, socio-economic
status, or any other personal characteristic.
b. All laws and regulations pertaining to nationality
inconsistent with guarantees of equality and nondiscrimination shall be amended or repealed.
Article on nationality at birth in the territory, foundlings prevention of statelessness
a. Every person born within the territory of [name
of State] who would otherwise be stateless shall
acquire nationality at birth.
b. Foundlings will be presumed to be citizens of
[name of State] unless proven otherwise.
Note: This proposed Draft Article enshrines the principle
of equality and non-discrimination to ensure that all
individuals have equal nationality rights regardless of
their personal characteristics or socio-economic status.
This is especially important for States which currently
discriminate on the basis of sex and/or other grounds in
their nationality laws, or in which there is a discretionary
process through which persons may acquire or change
their nationality status.
Note: This proposed Draft Article ensures that children
born or found within the State are not stateless. In
countries with the 20 largest stateless populations,
at least 70,000 stateless children are born every year.
Statelessness puts children at particular risk of multiple
rights deprivations and a lifetime of discrimination due to
a lack of legal personhood. Article 7 of the Convention on
the Rights of the Child (CRC), among others, guarantees
children “the right to acquire a nationality” from birth,
and calls upon State Parties to ensure “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 could otherwise
be stateless.” This should include developing detailed
regulatory procedures to prevent statelessness. The
Committee on the Rights of the Child, the treaty body
which monitors implementation of the CRC, has stressed
that this right must be implemented in a way that ensures
the best interests of the child.
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