1.2.3. The Right to a Nationality and Specific Vulnerable Groups
The international and African legal frameworks recognise that statelessness does not affect everyone
equally. Women, children, persons with disabilities, refugees, and migrants face heightened risks because
of systemic inequalities, discrimination, and structural barriers. These groups therefore require tailored
protections.
1.2.3.1. Women
Women’s nationality rights are central to gender
equality and to preventing statelessness. Yet in
many African countries, discriminatory laws and
practices continue to deny women equal rights
to acquire, retain, change, or pass on nationality.
When women cannot pass nationality to their
children or face barriers in retaining their own
nationality,
entire
generations—may
families—and
become
future
stateless.
Discrimination against women is therefore both a
cause and a multiplier of statelessness.
Key advocacy priorities:
Civil society can play a critical role in
promoting gender-equal nationality rights
by:
advocating for domestic reforms to align
nationality laws with CEDAW and the
Maputo Protocol
urging States to ratify CEDAW and the
Maputo
Protocol
and
to
remove
reservations on nationality-related treaty
provisions
promoting public awareness on how
discriminatory nationality laws affect
women and children
supporting strategic litigation before
national courts and regional human rights
bodies
to
challenge
discriminatory
nationality laws
Convention on the Elimination of all Forms of Discrimination Against Women
(Cedaw, 1979)
Article 9(1) guarantees women the right to retain
their nationality or to acquire the nationality of their
Treaty body: CEDAW Committee
spouse
Ratification status: 52 African States
Key article(s): Article 9 (1) and (2)
Article 9(2) grants women equal rights with men to
pass nationality to their children
CEDAW is the cornerstone global treaty for gender
These provisions aim to eliminate nationality rules
equality, including in nationality matters.[8]
based on patriarchal ideas such as “dependent
nationality”
–
where
a
woman
automatically
acquires her husband’s nationality – or
“unity of
nationality of the family” – where a man is assumed
to determine the family’s nationality.[9]
[8] See also Convention on the Nationality of Married Women (1957).
[9] International Law Association Committee on Feminism and International Law, Final Report on Women’s Equality and Nationality in International
Law, London, 2000.
17
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