A/HRC/23/23
and naturalization of stateless persons.” These conventions complement article 9 of the
Convention on the Elimination of All Forms of Discrimination against Women. Read
together, this international legal framework imposes an obligation on States to reform their
nationality laws to ensure that they do not discriminate against women or their children and
that they do not create or perpetuate situations of statelessness.
III. Discrimination in the acquisition, change and retention of
nationality
19.
In many countries, nationality laws still do not grant women equal rights with men
to acquire, change and retain their nationality; some laws contain discriminatory provisions
that do not allow women to transfer nationality to their spouses on the same basis as men.
These discriminatory laws are based on the principle of “dependent nationality”, which
provides that a married woman’s nationality is dependent on that of her husband.
20.
Where both the countries of the husband and the wife follow the principle of
dependent nationality, the woman automatically acquires the nationality of her husband but
loses her own. Where only the country of the wife follows the principle of dependent
nationality, she will lose her nationality when marrying a foreigner, even if she does not
automatically acquire the nationality of her husband. Women in those cases will become
stateless, even if they remain in their country of origin. Where the husband’s country
follows the principle of dependent nationality, the husband’s nationality will be imposed on
the wife, regardless of whether she would like to acquire such a nationality.
21.
In all of the above cases, if the nationality of the husband changes or is lost during
the marriage, the wife’s nationality also changes. Similarly, in the event of termination of
the marriage by death or divorce, the married woman may lose her entitlement to her
husband’s nationality. Sometimes, couples divorce before the wife has gained her
husband’s nationality. Women in these circumstances will be able to revert to their
nationality of origin only if the laws of that State permit her to do so. Women are often not
able to regain easily their nationality in a timely manner because of cumbersome
procedures and, as a result, may become stateless.8
22.
Women are also subjected to discrimination through laws that do not allow women
to pass their nationality to their husbands or that impose on husbands stringent requirements
before they are able to acquire the nationality of their wives; conversely, no such
requirements or prohibitions are imposed on foreign wives married to male nationals.9 Such
discriminatory laws are based on the State’s concern that men as the “head of the family”
and by virtue of being a male are more likely to take advantage of economic
opportunities.10 These laws discriminate against women and men of different nationalities
who marry: for instance, foreign husbands may not be permitted to obtain a work permit,
which may then force women to accept precarious and exploitative conditions of work that
8
9
10
6
See UNHCR, “No husband, no country”, Refugees, issue 3, No.147, 2007, available from
www.unhcr.org/46d2e8dc2.html.
See Equality Now, Campaign to End Sex Discrimination in Nationality and Citizenship Laws, 2012
(available from www.equalitynow.org/nationality_report); and Women’s Right to Nationality and
Citizenship, Asia Pacific Occasional Paper Series No. 9, International Women’s Rights Action Watch
Asia Pacific, 2006, pp. 6-7.
United Nations Division for the Advancement of Women, “Women, nationality and citizenship”,
Women 2000 and Beyond, 2003 (available from www.un.org/womenwatch/daw/public/jun03e.pdf), p.
8; Bronwen Manby, Citizenship Law in Africa, Open Society Foundations, New York, 2010, p. 48.