their nationality.9 Even when they are gender neutral, the application of nationality laws can result in statelessness among women as a result of patterns of discrimination in society which negatively impact access to nationality procedures, access to the justice system and issuance of relevant documentation. Gaps in nationality laws which may lead to statelessness upon change of nationality also have a disproportionate impact on women because they are more likely to renounce their previous nationality and seek to acquire the nationality of the husband upon marriage. Furthermore, the nationality laws of at least 30 States retain provisions which discriminate against women with regard to conferral of nationality upon their children.10 In the absence of any safeguard, statelessness results from such provisions when the father is a non-national and he is stateless himself, cannot confer nationality under the law of his State, or is unable or unwilling to fulfil any bureaucratic requirements for acquisition of nationality by his children. To break the cycle of statelessness, the UN should increase efforts to guarantee gender equality in nationality laws and protect against the particular vulnerabilities of women and children to statelessness as a foundational part of its efforts to combat statelessness to promote the rule of law. As mentioned above, international human rights instruments offer specific guarantees for women to have equal nationality rights as men and obligations to prevent statelessness among children.11 Concerted efforts by the UN system should be undertaken to realize these rights and respond to the specific protection needs of stateless women and children. B. ADDRESSING STATELESSNESS The UN system can improve its coordinated response to statelessness by undertaking four interrelated action approaches, including: (1) identification of stateless persons; (2) prevention of statelessness; (3) reduction of statelessness; and (4) protection of stateless persons. These avenues of action derive from guidance issued by the UNHCR’s Executive Committee12 and are endorsed by the UN General Assembly. Though directed at States and UNHCR, this structured approach to addressing statelessness serves as a useful point of reference for other UN entities engaged in addressing statelessness.13 Each of these actions is described in further detail below.14 9 As a result, article 9(1) of the CEDAW establishes 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”. 10 This is addressed by article 9(2) of the CEDAW which sets out that “States Parties shall grant women equal rights with men with respect to the nationality of their children”. 11 CRC, Article 7; 1961 Convention, articles 1 and 4; African Charter on the Rights and Welfare of the Child, article 6; American Convention on Human Rights, article 20; European Convention on Nationality, article 6. 12 Executive Committee of the High Commissioner’s Programme, Conclusion No. 106 (LVII) – 2006 on Identification, Prevention and Reduction of Statelessness and Protection of Stateless Persons of 2006. 13 The UNHCR Executive Committee therefore highlighted the importance of cooperation between UNHCR and various UN agencies. 14 Additional guidance can be found in UNHCR Action to Address Statelessness: A Strategy Note, available at http://www.unhcr.org/4b960ae99.html. -8-