6
Proposed Select Draft Articles on Nationality Rights
to Ensure Gender Equality
Background - International law and standards
◆ Noting that Article 15 of the Universal Declaration of
Human Rights states that:
“Everyone has the right to a nationality. No one shall
be arbitrarily deprived of his nationality nor denied
the right to change his nationality.”
◆ Acknowledging that Article 3 of the International
Covenant on Civil and Political Rights requires
equality and non-discrimination on the basis of sex
and Article 24 prescribes that:
“Every child has the right to acquire a nationality.”
◆ Recognising that Article 2 of the Convention on the
Rights of the Child requires non-discrimination
“irrespective of the child’s, or his parent’s or legal
guardian’s … sex, …, birth or other status” and Article
7 of the Convention on the Rights of the Child states
that:
“The child shall be registered immediately after
birth and shall have the right from birth to a
name, the right to acquire a nationality… States
Parties shall ensure the implementation of these
rights in accordance with their national law and
their obligations under the relevant international
instruments in this field, in particular where the
child would otherwise be stateless.”
◆ Recognising also that Article 9 of the Convention
on the Elimination of All Forms of Discrimination
against Women states that:
“1. States Parties shall grant women equal rights
with men to acquire, change or retain their
nationality. They shall 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.
2. States Parties shall grant women equal rights with
men with respect to the nationality of their children.”
◆ Bearing in mind that the Committee on the
Elimination of Discrimination against Women’s
General Recommendation No. 32 on the genderrelated dimensions of refugee status, asylum,
nationality and statelessness of women states that:
“Article 9 of the Convention establishes that women
enjoy the rights to acquire, change or retain their
nationality and to confer their nationality on their
children on an equal basis with men. The Committee
has interpreted that this right also applies to
spouses.”
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