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Proposed Select Draft Articles on Nationality Rights
to Ensure Gender Equality
Comprehensive review
States should review all constitutional
provisions, nationality/citizenship
and immigration laws, associated
regulations, policies, and processes
to ensure the ability of women to pass
their nationality to their children and
spouses on an equal basis with men.
Comprehensive equality in all
circumstances
It is insufficient for women to
merely have the right to confer
nationality if it is not on an equal
basis with men and only under
certain circumstances, e.g, if their
children must apply for nationality
versus men being able to confer
nationality on their children from
birth automatically. In addition,
any discrimination relating to race,
ethnicity, religion, disability, or any
other socio-economic status must be
removed.
Equal nationality rights in countries
with bans on dual nationality
Although States might retain bans
on dual nationality, they must still
uphold their legal obligation to
nondiscrimination on the basis of sex.
For example, States with bans on dual
nationality may require children of
binational parents to decide at the age
of majority which parent’s nationality
to retain, while upholding the equal
right of all citizens, women and men,
to confer nationality on their child
at birth and in cases of adoption or
naturalization.
Spousal conferral & access to rights and
services
States should establish a streamlined
process for the conferral of
nationality to non-citizen spouses of
citizens without discrimination on the
basis of sex, including the provision
of temporary residence permits,
healthcare, employment eligibility,
and other rights during the process.
Ensuring harmony with other laws &
policies
States should consider including a
“repeal and savings” clause to repeal
provisions inconsistent with the
reformed, egalitarian law to create
legal consistency and ensure that nondiscriminatory laws prevail. Such a
clause also safeguards existing rights
of persons and obligations of the State
prior to the enactment of the law.
Retroactivity is critical to equality
States should include a “retroactive”
clause to ensure that the amended law
will apply retroactively, as when there
is no retroactivity provided for, some
siblings may obtain citizenship while
older siblings are denied it because of
when they were born. Human rights
abuses will persist for many families
without retroactivity and leave some
women as second-class citizens in
terms of their inability to ever confer
nationality on children born prior to
the reform of the law.
Obligation to prevent statelessness
States must also ensure that
nationality laws include and uphold
gender equal provisions to prevent
statelessness, as everyone has a right
to a nationality.
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