that the Contracting State shall not construe the Convention “as affecting any
legislation or judicial practice by which the alien wife of one of its nationals
may, at her request, acquire her husband’s nationality as a matter of right.”
The 1965 Convention on the Elimination of All Forms of Racial Discrimination
obliges States to “guarantee the right of everyone, without distinction as to race, colour,
or national or ethnic origin, to equality before the law,” particularly in the enjoyment of
several fundamental human rights, including the right to nationality (Article 5).
Article 24 of the 1966 International Covenant on Civil and Political Rights states that:
“Every child shall have, without any discrimination as to race, colour, sex,
language, religion, national or social origin, property or birth the right to such
measures of protection as are required by his status as a minor, on the part
of his family, society and State.”
“Every child shall be registered immediately after birth and shall have a name.”
“Every child has the right to acquire a nationality.”
Article 26 of that Covenant also asserts that “All persons are equal before the law and
are entitled without any discrimination to the equal protection of the law. In this respect,
the law shall prohibit any discrimination and guarantee to all persons equal and effective
protection against discrimination on any ground such as race, colour, sex, language,
religion, political or other opinion, national or social origin, property, birth or other status.”
Article 9 of the 1979 Convention on the Elimination of All Forms of Discrimination
against Women states that:
“States Parties 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.”
“States Parties shall grant women equal rights with men with respect to the
nationality of their children.”
The 1989 Convention on the Rights of the Child, which has been ratified by almost
every State, contains two important articles relevant to nationality:
Article 2 stipulates that “States Parties shall respect and ensure the rights
set forth in the… Convention to each child within their jurisdiction without
discrimination of any kind, irrespective of the child’s or his or her parent’s or legal
guardian’s race, colour, sex, language, religion, political or other opinion,
national, ethnic or social origin, property, disability, birth or other status.”
Article 7 states that “The child shall be registered immediately after birth and
shall have the right from birth to a name, the right to acquire a nationality, and,
as far as possible, the right to know and be cared for by his or her parents.”
The Article also stipulates that “States Parties shall ensure the implementation
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