12
Proposed Select Draft Articles on Nationality Rights
to Ensure Gender Equality
Article on nationality by marriage
a. A non-citizen spouse of a citizen shall acquire the
nationality of [name of State] upon registration [or
upon application], on an equal basis irrespective of
sex, or other personal characteristic.
b. Nationality shall be conferred based on the nonnational spouse’s consent.
c.
The provisions of this article shall apply even
if the citizen spouse is deceased, so long as the
non-national spouse has not remarried to another
person before the application for citizenship is
made.
d. Legally recognized customary marriages
and religious marriages held before religious
authorities shall be granted the same recognition
as registered civil marriages for the purposes of
nationality rights.
Note: This proposed Draft Article promotes equality in
the conferral of nationality on spouses so that nationality
laws do not discriminate against women’s conferral of
nationality on their non-citizen spouses who are foreign
or stateless men. All should be able to confer nationality
equally on their spouses, whether married at home or
abroad.
Article 9(1) of the Convention on the Elimination of
All Forms of Discrimination against Women (CEDAW)
requires States Parties to “grant women equal rights with
men to acquire, change or retain their nationality.” In
addition, the CEDAW Committee, the treaty body which
monitors implementation of the CEDAW, in its General
Recommendation No. 32, has interpreted Article 9 of the
Convention to apply to spouses. At present, over 45 States
globally deny women equal rights with men in their ability
to acquire, change, or retain their nationality, or to confer
their nationality on non-national spouses. Additionally, the
Draft Article specifies that legally recognized customary
and religious marriages are treated the same as civil ones
for the purpose of conferring nationality. This is important
because in many States, a current lack of marriage
registration may also prevent a person from conferring
citizenship to a spouse or child. Under international
law, any minimum age of marriage should be 18 without
exception and with the full consent of both parties. Birth
and marriage registration should also be required by law.
Accommodations should be made to facilitate the
acquisition of nationality by a woman who has citizen
children, even if her marriage to a national has dissolved.
This is to support the mother’s ability to reside with
her children and have access to citizenship rights if
she decides to exit the marriage prior to securing the
nationality of the State. This is particularly important in
situations of domestic violence, where the inability of
a woman with citizen children to acquire nationality in
instances of divorce inhibits her ability to leave a situation
of abuse where she and/or her children are at risk.
“GBV victims should not fear that reporting abuse or
extracting themselves from an abusive marriage would
impact their legal status in the country. Non-citizen women
residing in their spouse’s country may fear reporting abuse
or seeking divorce if they could face removal from the
country, especially when they have children being raised
in their spouse’s country.”2
2 Global Campaign for Equal Nationality Rights, “Ending Gender-Based
Violence Requires Equal Citizenship: The Impact of Gender Discrimination in Nationality Laws on Gender-Based Violence”, Oct. 2024, https://
www.equalnationalityrights.org/wp-content/uploads/2024/10/Impact-of-Gender-Discrimination-in-Nationality-Laws-on-Gender-Based-Violence_ENGLISH_FINAL_10.2024.pdf
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