13
Article on retention of nationality
a. No person shall lose their nationality due to the
renunciation or loss of nationality by a parent or
spouse.
b. No person shall lose their nationality upon divorce
or the death of a spouse.
c.
No person shall lose their nationality as a result of
marriage or remarriage.
Note: This proposed article provides protection against
the involuntary loss or deprivation of nationality, ensuring
that individuals are able to retain their nationality
regardless of changes in marital status or the actions of
their parents or spouses. These provisions are critical to
prevent statelessness and safeguard the right to nationality
and family unity, as well as women’s right to be free
from gender-based violence and their right to divorce.
Deprivation of nationality should be a last resort, and all
circumstances must be considered with a gendered lens.
Article 9(1) of the CEDAW calls upon States to “ensure in
particular that neither marriage to an alien nor change
of nationality by the husband during marriage shall
automatically change the nationality of the wife, render
her stateless or force upon her the nationality of the
husband.”
Equality Now and the Global Campaign for Equal
Nationality Rights remain at the service of all those
who wish to ensure gender equality in nationality rights,
paving the way for a more sustainable future for all.
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