A/HRC/23/23
27.
Under international human rights law, States are required to take all measures
necessary to remove laws and procedures and to abolish practices that directly or indirectly
discriminate against women.15 States must also take proactive measures to achieve
substantive equality between men and women in nationality-related matters. Ensuring
access to legal assistance and literacy, language courses, subsidies for fees related to
residence permits, and facilitating dual nationality are important measures for addressing de
facto discrimination against women in this area.
28.
The Committee on the Elimination of Discrimination against Women has repeatedly
reminded States that they are required to amend discriminatory nationality provisions that
violate article 9.1 of the Convention.16 The Committee further clarified in its general
recommendation No. 21 (para. 6) that “nationality should be capable of change by an adult
woman and should not be arbitrarily removed because of marriage or dissolution of
marriage or because her husband or father changes his nationality”.
29.
The Committee has also clearly stated that laws that do not allow women to transmit
nationality to their foreign spouses on the same basis as men are discriminatory and in
violation of the Convention.17 This opinion is also consistent with the jurisprudence of other
human rights mechanisms.18
30.
The Committee has also reminded States that they must address those cases where
foreign wives waiting for the acquisition of their husband’s nationality are put in a
vulnerable situation and at risk of violence, exploitation and abuse. 19
31.
With regard to passport entitlement, the Committee has explained that domestic laws
that require a woman to obtain her husband’s consent to include the name of children in her
passport or to have a passport violate article 9. 20 Concerning birth registration, it also
recalled the obligation of States to facilitate birth registration for girls and women, in
particular to indigenous and rural women, so they may claim nationality.21 The Committee
has also welcomed amendments by States to their nationality laws in order to allow dual
nationality.22
32.
The Working Group on the issue of discrimination against women in law and in
practice is actively involved in promoting women’s equal right to nationality as part of its
work on discrimination against women, including in relation to political and public life. 23
Other human rights mechanisms, such as the Human Rights Council, including through the
15
16
17
18
19
20
21
22
23
8
See for example the Convention on the Elimination of All Forms of Discrimination against Women,
art. 2.
See Official Records of the General Assembly, Fifty-fifth Session, Supplement No. 38 (A/55/38), para.
188, ibid., Fifty-ninth Session, Supplement No. 38 (A/59/38), para. 210, CEDAW/C/COD/CO/5,
CEDAW/C/TGO/CO/5, CEDAW/C/IDN/CO/5, CEDAW/C/MAR/CO/4 and CEDAW/C/MWI/CO/6.
See CEDAW/C/NER/CO/2, CEDAW/C/PAK/CO/3, CEDAW/C/BHR/CO/2,
CEDAW/C/MDG/CO/5, CEDAW/C/MAR/CO/4, CEDAW/C/LBN/CO/3, CEDAW/C/BDI/CO/4,
CEDAW/C/YEM/CO/6, CEDAW/C/EGY/CO/7, CEDAW/C/TUN/CO/6, CEDAW/C/NPL/CO/4-5,
CEDAW/C/OMN/CO/1 and CEDAW/C/JOR/CO/5 (2012).
See also the advisory opinion of the Inter-American Court of Human Rights on the Constitution of
Costa Rica.
See Freeman, Chinkin and Rudolf, The UN Convention (see footnote 2), p. 242,
See also Official Records of the General Assembly, Fifty-seventh Session, Supplement No. 38
(A/57/38), para. 141.
See CEDAW/C/PER/CO/6, CEDAW/C/BLZ/CO/4 and CEDAW/C/GRD/CO/1-5.
See also CEDAW/C/TUV/CO/2.
See also A/HRC/20/30, p. 70.