decree does not eradicate gender discrimination, and is not compatible with the principle of
the best interests of the child, as children can only access nationality upon attaining majority.
Furthermore, a mother’s transmission of nationality according to this decree is neither
automatic nor non-discretionary, as required under international standards.15
16. The UAE is thus, one of 26 countries around the world that continues to discriminate against
women in their ability to confer their nationality to their children on an equal basis with men.
Given that gender discrimination in nationality laws has no basis under international human
rights law, that it is easily remedied through law reform and that it continues to have
significant detrimental human rights impacts including statelessness, the international
community has come together to address this phenomenon under the banner of the Global
Campaign for Equal Nationality Rights.16 Furthermore, UNHCR’s Global Campaign to end
statelessness prioritises the removal of gender discrimination from nationality laws through
its Action Point 3.7.17
17. As Emirati nationality law does not have a provision that would entitle a child born on its
territory to Emirati nationality if it would otherwise be stateless, the discriminatory nature of
Emirati nationality law also puts children at heightened risk of statelessness, when a child
cannot obtain the nationality of the father.18 With a substantial number of stateless
individuals in the country, this is a particular problem since if the father is stateless, the child
will then become stateless regardless of the status of the mother. In order to transfer
nationality to their children—unless the father is stateless—women have to actively
demonstrate that the father is unknown or that fatherhood was not substantiated, which can
be very difficult to do, especially in a culture where having children outside of wedlock is often
not accepted and may lead to stigmatisation, further exacerbating the risk that their children
will remain stateless.
18. It is reasonable to conclude, that despite the creation of the National Strategy for the
Advancement of Women in the UAE, there has been no attempt to remove existing
discrimination against women in nationality laws. Parliament has not discussed it since and
there has been limited media coverage on the issue. While the authorities appear to consider
this issue as resolved, in reality, this remains an important human rights and gender equality
challenge.
15
See UN High Commissioner for Refugees (UNHCR), Good Practices Paper - Action 3: Removing Gender Discrimination
from Nationality Laws, 6 March 2015, available at: http://www.refworld.org/docid/54f8377d4.html
16 The Global Campaign for Equal Nationality Rights (the Global Campaign) is a coalition of international and national
organisations that promotes gender equality in nationality laws, so that women and men can confer, acquire, change and
retain their nationality on an equal basis. The Campaign has a Steering Committee comprising Equality Now, Equal Rights
Trust, the Institute on Statelessness and Inclusion, UNHCR and Women’s Refugee Commission. The Campaign was
launched in June 2014 at a Side Event at the 26th Session of the Human Rights Council in Geneva, and has conducted
numerous international advocacy activities to encourage states that still maintain gender discriminatory nationality laws to
reform their laws and bring them into compliance with international human rights standards.3
17 See UN High Commissioner for Refugees (UNHCR), Global Action Plan to End Statelessness, 4 November 2014, available
at: http://www.refworld.org/docid/545b47d64.html
18 For more information see UNHCR, Background Note on Gender Equality, Nationality Laws and Statelessness 2016, 8
March 2016, available at: http://www.refworld.org/docid/56de83ca4.html