A/HRC/23/23
the first international treaty to recognize the principle of women’s equal rights with men
with respect to the nationality of their children. Since then, many States have repealed
nationality laws that discriminate against women. Many discriminatory laws, however,
remain.
7.
Nationality laws fully respectful of the principle of gender equality are not only a
human rights requirement but are also crucial to women’s empowerment. Enjoying the right
to nationality and the right to pass their nationality to their husband and children increases a
woman’s opportunities to participate in public and political life, work, travel and have
access to resources and property. The economic and social independence that flows from
such rights also enhances a woman’s ability to escape an abusive and violent relationship.
In addition, discriminatory nationality laws are one of the main causes of statelessness,
which is thought to affect as many as 12 million women, men and children across the
globe.3 Non-discriminatory nationality laws are therefore important for preventing and
reducing statelessness.
II. Legal framework
8.
The right to a nationality and the principles of equality and non-discrimination are
recognized in various human rights instruments, starting with the Universal Declaration of
Human Rights in its article 15.4
9.
The main international human rights treaties include a provision prohibiting
discrimination based on, inter alia, sex. The International Covenant on Civil and Political
Rights and the International Covenant on Economic, Social and Cultural Rights also share
an article guaranteeing equality between men and women in the enjoyment of the rights
contained in those instruments.
10.
The Convention on the Nationality of Married Women is the first international
instrument to call upon States to eliminate the principle of dependent nationality; it does
not, however, include any provision on the nationality of the children. Its article 1 provides
that “each contracting State agrees that neither the celebration nor the dissolution of a
marriage between one of its nationals and an alien, nor the change of nationality by the
husband during marriage, shall automatically affect the nationality of the wife”.
11.
The Convention on the Elimination of All Forms of Discrimination against Women
provides in its article 9.1 that States “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.” Article 9.2 requires States to “grant women equal rights with men with respect to
the nationality of their children”. This applies to both biological and adoptive relationships,
as well as to children born in and out of wedlock. Articles 2 (policy measures to eliminate
discrimination), 3 (equality with men), 5 (sex role stereotyping and prejudice), 15 (equality
before the law) and 16 (marriage and family life) respectively are also relevant to article 9,
and mutually reinforcing. A significant number of States have made reservations to article 9
of the Convention and to other articles that may potentially affect the nationality rights of
3
4
4
UNHCR, The State of the World’s Refugees 2012, Geneva, 2012 (available from
www.unhcr.org/4fc5ceca9.html), p. 14.
See also A/HRC/13/34.