In many countries, women are not permitted to pass their nationality on to their
children, even when a child is born in the mother’s State of nationality and its father has no
nationality. In these instances, the child is stateless.
To avoid this problem:
•
According to the 1957 Convention on the Nationality of Married Women and the
1979 Convention on the Elimination of All Forms of Discrimination against
Women, women should have equal rights with men concerning the nationality
of their children. Applying these principles will avoid both discrimination against
women and the possibility that a child will inherit the status of statelessness
from his/her father if he is stateless.
•
States should include provisions on non-discrimination on the grounds of sex
in their national citizenship laws.
Orphaned and abandoned children often do not have a confirmed nationality.
Illegitimate children may also be prevented from acquiring nationality.
To avoid this problem:
•
Foundlings discovered on a state’s territory should be granted the nationality
of that state. This principle is contained in the citizenship legislation of many
states and in international instruments relating to nationality.
•
The best interest of the child should always be a primary consideration when
determining the child’s nationality.
The adoption practices of some States may lead to statelessness if, for example, children
are unable to acquire the nationality of their adoptive parents.
To avoid these problems:
•
States should introduce provisions in their legislation ensuring that adoptions
completed abroad in conformity with international law are recognized in
national law. The 1967 European Convention on the Adoption of Children
encourages States to facilitate the grant of nationality to the adopted children of their nationals.
Administrative practices
There are numerous administrative and procedural issues related to the acquisition,
restoration, and loss of nationality. Even if an individual is eligible for citizenship – indeed,
even if an individual has successfully applied for citizenship – excessive administrative
fees, deadlines that cannot be met, and/or an inability to produce required documents
because they are in the possession of the former State of nationality can all prevent the
individual from acquiring nationality.
To avoid this problem:
•
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Applications relating to the acquisition, retention, loss, recovery or certification
of nationality should be processed within a reasonable period of time.
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