A/HRC/23/23
force her to take the nationality of the husband, or put her at risk of statelessness.
States should introduce safeguards to nationality laws to ensure that any loss of
nationality is conditional upon the possession or acquisition of another nationality.
States should also ensure that women may transfer nationality to their foreign spouses
on the same basis as men, and that those who have acquired nationality on the basis of
marriage to a national do not lose that nationality in the event of dissolution of the
marriage, or death.
(c)
Amend nationality laws to allow women to confer their nationality to
their children on the same basis as men. In addition, with regard to the acquisition of
nationality laws should not distinguish between children born in and out of wedlock.
States should also ensure consistency among all laws, policies and regulations dealing
with nationality.
(d)
Amend nationality laws and allow women whose marriage has been
dissolved to automatically reacquire their former nationality through a simple
declaration in cases where women automatically lose or have to renounce their
nationality when they marry. States should also raise awareness among women on
how to reclaim their nationality.
(e)
Recognize dual nationality for children born to parents from different
nationalities and for spouses married to foreigners and residing in the State of the
spouse who express their wish to acquire the nationality of their spouse without losing
their nationality of origin.
(f)
Take the measures necessary to address practices that discriminate
against women in nationality matters as well as indirect discrimination in nationality
laws, so that substantive equality between women and men in nationality matters may
be achieved. States should also address the specific challenges faced by women who
suffer from multiple forms of discrimination, especially in their enjoyment of the right
to nationality.
(g)
Guarantee the full enjoyment of human rights for non-national family
members, in particular the rights to education, health, work, residence and freedom
from violence. Access to administrative and judicial remedies should be also available
to them.
(h)
Improve data collection, research and dissemination of information
relating to women’s equal right to nationality. This includes information on legal
provisions and the consequences of discrimination against women in nationalityrelated matters on the enjoyment of their human rights.
(i)
Take all the measures necessary to ensure that all girls and boys are
registered immediately after birth, without discrimination based on sex, race,
disability, social or other status. Marriages should also be registered in a timely
manner.
(j)
Ensure equal access to documents used to prove nationality, in
particular passports, identity documents and birth and marriage certificates. Laws
and practices requiring women to secure the consent and assistance of their husband,
husband’s family or father in order to obtain nationality documents should be
amended, including those that require the husband’s consent to add children names to
the mother’s passport. Alternative systems of proof of identity in contexts where
documentary evidence is not available or cannot reasonably be obtained should be
provided.
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