8
Proposed Select Draft Articles on Nationality Rights
to Ensure Gender Equality
◆ Bearing in mind the adopted, but not yet in force
as of July 2025, Protocol to the African Charter
on Human and Peoples’ Rights Relating to the
Specific Aspects of the Right to a Nationality and the
Eradication of Statelessness in Africa:
“A State Party shall grant women and men equal
rights to acquire, transmit, change or retain their
nationality, and with respect to the nationality of
their children in accordance with national law.
A State Party shall provide in law that:
a. Marriage or the dissolution of a marriage
between a national and a non-national shall
not automatically change the nationality of
either spouse nor affect the capacity of the
national to transmit his or her nationality to
his or her children.
b. The change of nationality of one spouse
during marriage shall not automatically
affect the nationality of the other spouse or of
the children.”
◆ Recalling also that Article 6 of the Protocol to the
African Charter on Human and Peoples’ Rights on
the Rights of Women in Africa (Maputo Protocol)
states that:
“g) a woman shall have the right to retain her
nationality or to acquire the nationality of her
husband”
◆ Noting Article 1 of the American Convention on
Human Rights guarantees non-discrimination on
the basis of sex and Article 20 states that:
1. Every person has the right to a nationality.
2. Every person has the right to the nationality
of the state in whose territory he was born
if he does not have the right to any other
nationality.
3. No one shall be arbitrarily deprived of his
nationality or of the right to change it.
◆ Noting the League of Arab States Declaration on
Belonging and Legal Identity, which:
“Call[s] upon Member States to end all forms of
discrimination in the field of nationality and take
concrete steps to amend laws and legislation at the
national level related to equal nationality rights with
the aim to reduce statelessness and protect the right
of children to obtain a legal identity, including by
strengthening laws that enable women to confer their
nationality to their children and spouses in a way
that conforms with international standards and does
not contradict with national interests.”
◆ Noting Article 5 of the European Convention on
Nationality states that:
1. The rules of a State Party on nationality
shall not contain distinctions or include any
practice which amounts to discrimination on
the grounds of sex, religion, race, colour or
national or ethnic origin.
2. Each State Party shall be guided by the
principle of non-discrimination between its
nationals, whether they are nationals by birth
or have acquired its nationality subsequently.
◆ Considering that the 2030 Agenda for Sustainable
Development (the SDGs), calls for States to:
“end all forms of discrimination against women
and girls everywhere” (SDG 5.1); and “ensure equal
opportunity and reduce inequalities of outcome by …
eliminating discriminatory laws” (SDG 10.3); and
“By 2030, provide legal identity for all, including
birth registration” (SDG 16.9); and that the Pact for
the Future adopted by States in 2024 calls on States
to “Urgently remove all legal barriers … to achieve
gender equality ….” (Action 8);
Therefore, we guarantee equality and non-discrimination
at the national level in the acquisition, change, retention,
and conferral of nationality rights.
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