A/HRC/23/23
45.
Lack of nationality has serious negative implications for the enjoyment of political,
civil, economic, social and cultural rights of women and their children and husbands.43
Current State practice reflects the predominant view that the exercise of political rights,
such as the right to take part in the conduct of public affairs, the right to vote and to be
elected and the right to have access to public service, is an entitlement of citizens alone.
Women and their children, who later will become adults without nationality, are
subsequently excluded from political and public life in the country where they reside.
46.
Non-nationals also see their freedom of movement restricted. They may face severe
limitations on their ability to travel, to choose a place of residence, and to leave or enter the
country, given that they have no passport. They might also see their access to medical care,
education and employment barred.
47.
Non-nationals may also be confronted with violations of their right to liberty, a fair
trial and an effective remedy. Fearful of detention or deportation, women, their children or
husbands may be reluctant to claim their rights. In addition, they do not benefit often from
services available to nationals, such as free legal aid or interpreters. Sometimes, such as in
cases of trafficking, women’s documents are taken away from them, preventing them from
establishing their identity.
48.
The right of non-nationals to family life is also curtailed, given that members of the
family who do not possess the same nationality as that of others are sometimes not allowed
to freely enter, exit, move, work or study in that country. A mother whose child has a
nationality different from her own and who has no permit of residence in the State where
the child resides may face legal obstacles when claiming custody of or access to the child,
in particular if the marriage has been terminated by divorce or death. If the mother has
custody of the child, the father may seek possession of the child with the support of his
State, which is also the State of nationality of the child; in such a case, the State of the
mother will not be able to exercise its diplomatic protection to recover the child, and its
capacity to protect the mother’s interests will be limited. Women are often not allowed to
take their children out of the country when they do not have the same nationality.
49.
Women and their husbands and children who are non-nationals also face difficulties
in their access to work. Some countries restrict the access of non-nationals to certain
professions or fix quotas for them. Non-nationals are also exposed to poor, dirty or even
dangerous working conditions; sexual, physical, psychological and verbal abuse and
violence; racial discrimination and other discriminatory attitudes; intimidating workplace
environments; low salaries and long working hours; and absence of holidays.44 Limited
access to social security and other benefits available to nationals often lead to instability for
and the marginalization of non-nationals.
50.
Non-nationals also face challenges in their access to health services owing to various
causes, ranging from formal exclusion from some or all public health-care services through
to the practical inability to benefit from such services because of the fees charged to nonnationals or their lack of a regular immigration status or of any basic identity
documentation.45 This lack of access to health services disproportionately affects women
who may be unable to receive proper sexual and reproductive health care, including
maternal and neonatal care. The lack of nationality and statelessness may also have
psychosocial effects, such as anger, resentment, frustration and depression.
43
44
45
12
See also A/HRC/7/23, A/HRC/19/43; general recommendation No. 30 of the Committee on the
Elimination of Racial Discrimination; and contributions for the present report.
See also E/CN.4/Sub.2/2003/23/Add.3, para. 11.
A/HRC/19/43, para. 32.