5
Objective
The objective of these proposed select Draft Articles is to assist States in
amending or enacting laws regarding the acquisition, retention, conferral,
or change of one’s nationality so that they are gender equal, whether the
State follows jus soli or jus sanguinis principles, or a combination thereof.
In many cases, States may easily amend their laws, for example by
replacing “father” with “parent”, in the conferral of nationality. The use of
gender-neutral language underscores that nationality rights are held on
the basis of one’s status as a citizen, not one’s sex or gender.
To further aid States in reforming their laws, below are proposed articles
on the right to nationality, a term commonly used interchangeably with
citizenship, which can be adapted to best uphold equality within the
national context. They are intended to act as a guide for the revision
of substantive constitutional provisions, laws, policies and regulations
pertaining to nationality, based on international human rights law and
principles of sex and gender equality and best practice. These have been
developed in consultation with the UN Refugee agency (UNHCR) and UN
Women.
Legal reforms should be achieved in a collaborative manner with other
States and civil society, in particular with impacted persons and impacted
person-led groups, in order to create a cohesive set of nationality laws and
regulations that promote and ensure equality.
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