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Introduction
In 2022, Equality Now launched The State We’re In: Ending Sexism in Nationality
Laws 2022 Edition - Updated for a Disrupted World. The report and accompanying
Annex highlight the close to 50 countries around the world that still have
gender-discriminatory nationality laws, almost always discriminating against
women in how they acquire, change, retain, or confer their nationality1 to their
children and/or spouses.
International human rights law, as noted in The State We’re In, requires
governments to protect and promote equality on the basis of sex, and whether
they adhere to a jus soli (nationality by birth in a State) and/or a jus sanguinis
(nationality by descent) system, they must revise any gender discriminatory
nationality provisions so that:
◆ any citizen can confer nationality, on an equal basis without gender
discrimination, on their child wherever born, whether born in or out of
marriage, and whether the child is biological, adopted or in instances of
naturalisation;
◆ any person can equally confer citizenship on their spouses without
discrimination on the basis of sex, whether married at home or abroad;
◆ no one automatically loses their new nationality on termination of their
marriage;
◆ women do not automatically lose or acquire nationality upon marriage to
a foreign spouse without their active consent;
◆ a change in a parent’s or spouse’s nationality does not mean loss of
nationality of their children or spouse; and
◆ all related laws and regulations are consistent, ensuring that all men
and women are treated equally and that these provisions are clear to
both those seeking to benefit from them and those responsible for
implementing them.
1 In international law, “nationality” and “citizenship” are synonymous and are used interchangeably. This toolkit will primarily use “nationality”.
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