IV NON-DISCRIMINATION IN ACQUISITION OF NATIONALITY
18. In addition to the provisions outlined above, all of the above-named treaties contain a
general non-discrimination provision that prohibits discrimination on specified grounds in
relation to the rights recognized in each treaty. 31 Discrimination on the basis of religion
is explicitly mentioned in the ICCPR32 and CRC. 33 However consideration should also be
given in the present context to intersectional discrimination in the context of race
(ICERD) 34 or gender (CEDAW) of persons belonging to certain religions, or possessing
certain religious beliefs. 35 It has been recognized that the experience of discriminatory
practices as well as the reason for discrimination is frequently influenced and compounded
by multiple components of an individual’s identity. 36
19. In addition, article 26 of the ICCPR prescribes a freestanding right to equality. Article 26
provides 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
31
See ICCPR (n 8) arts 2(1), 26; ICERD (n 9) art 2; CEDAW (n 10) art 2; CRC (n 11) art 2; CRPD (n 12) art
4(1).
32
ICCPR (n 8) art 2(1).
33
CRC (n 11) art 2(1).
34
As stated by the Committee on the Elimination of Racial Discrimination in its General Recommendation No
32,
The principle of enjoyment of human rights on an equal footing is integral to the Convention’s
prohibition of discrimination on grounds of race, colour, descent, and national or ethnic origin. The
‘grounds’ of discrimination are extended in practice by the noting of ‘intersectionality’ whereby the
Committee addresses situations of double or multiple discrimination — such as discrimination on
grounds of gender or religion — when discrimination on such a ground appears to exist in combination
with a ground or grounds listed in article 1 of the Convention.
Committee on the Elimination of Racial Discrimination, General Recommendation No 32: The Meaning and
Scope of Special Measures in the International Convention on the Elimination of All Forms Racial
Discrimination, UN Doc CERD/C/GC/32 (24 September 2009) [7] (‘General Recommendation No 32’).
35
The Committee on the Elimination of Discrimination against Women has, similarly contended that,
Discrimination against women based on sex and/or gender is often inextricably linked with and
compounded by other factors that affect women, such as race, ethnicity, religion or belief, health, age,
class, caste, being lesbian, bisexual or transgender and other status. Discrimination on the basis of sex
or gender may affect women belonging to such groups to a different degree or in different ways to men.
States parties must legally recognize such intersecting forms of discrimination and their compounded
negative impacts on women concerned and prohibit them.
Committee on the Elimination of Discrimination against Women, General Recommendation No 32 on the
Gender-Related Dimensions of Refugee Status, Asylum, Nationality and Statelessness of Women, UN Doc
CEDAW/C/GC/32 (14 November 2014) [6] (citation omitted). See further Committee on the Elimination of
Discrimination against Women, General recommendation No 28 on the Core Obligations of States Parties under
Article 2 of the Convention on the Elimination of All Forms of Discrimination against Women, UN DOC
CEDAW/C/GC/28 (16 December 2010).
36
ICCPR (n 8) art 2(1); CRC (n 11) art 2(1).
7