A/HRC/23/23
human rights, such as the rights to education and to health care, have also been raised.37
With regard to the entitlement to a passport, the Committee has raised concerns about the
requirement for the father as legal guardian to consent to the inclusion of children in the
married women’s passport.38 The Committee has also recommended that States raise
awareness about the equality of spouses or guardians in their right to apply and collect
passports or birth certificates on behalf of their children without the need for the spouses’
written consent.39
42.
The Committee on the Rights of the Child has reminded States about their obligation
to register births and its relevance to the acquisition of nationality.40 It is also crucial that
States ensure prompt, equal and independent access to marriage registration. The
registration of births and marriages is crucial for the formal recognition by the State of the
new child in the family and the newly formed family bond.41 The ability of women to have
independent, equal access to these documents is critical, especially if the father or husband
dies or leaves the family, given that birth and marriage registration certificates are used to
prove the child’s filiation. The non-registration of births and marriages is one of the main
sources of statelessness. The Committee has also called on States to amend their nationality
laws to ensure that no discrimination exists against children born out of wedlock. 42
V. Impact on the enjoyment of human rights
43.
As discussed above, gender-discriminatory nationality laws often lead to the
statelessness of women and children or situations where women, their children or husbands
are deprived of the nationality of the country where they reside. Such laws result also in
situations where children are denied the nationality of their mothers, causing direct
prejudice to the enjoyment of their rights and in the achievement of women’s human rights.
In its general recommendation 21 on equality in marriage and family relations, the
Committee on the Elimination of All Forms of Discrimination against Women stated that
nationality was critical to full participation in society, adding that, without status as
nationals or citizens, women were deprived of the right to vote or to stand for public office
and may be denied access to public benefits and a choice of residence.
44.
According to the main international human rights instruments, everyone is entitled
to the enjoyment of rights and freedoms recognized in them without distinction of any kind,
including national origin. Exceptions to this rule generally relate to the right to participate
in political and public life and freedom of movement. Also regarding economic rights, the
International Covenant on Economic, Social and Cultural Rights in its article 2.3, includes
the possibility for developing countries, “with due regard to human rights and their national
economy”, to “determine to what extent they would guarantee the economic rights
recognized in the present Covenant to non-nationals”. Many States, however, go far beyond
these limited exceptions and do not always guarantee basic human rights to non-nationals.
37
38
39
40
41
42
See ibid., Fifty-ninth Session, Supplement No. 38 (A/59/38), para. 300, CEDAW/C/EGY/CO/7 and
CEDAW/C/JOR/CO/5.
See Official Records of the General Assembly, Fifty-seventh Session, Supplement No. 38 (A/57/38),
para. 141.
For example, see CEDAW/C/ZMB/CO/5-6.
CRC/C/15/Add.128, CRC/C/15/Add.138, CRC/C/KEN/CO/2, CRC/C/15/Add.261.
Laura van Waas, Nationality Matters. Statelessness under International Law (Antwerp, Intersentia,
2008), p. 153.
CRC/C/MDG/CO/3-4, CRC/C/OMN/CO/2.
11