compliance with Article 9(2),129 and the progressive 2004 reform of the Mudawana, the Moroccan personal
status code, in light of universal human rights principles led to the adoption of a new Nationality Code in
2007. The new code gave Moroccan women the same rights as men to confer nationality on their children,
and with retroactive effect.
Other successful reforms include:
Under the 1969 Kenyan Constitution, mothers and fathers could pass their nationality on to their
children, but only fathers could confer nationality on children born abroad. Article 14 of the 2010
Constitution of Kenya addressed this issue by providing that,“A person is a citizen by birth if on the
day of the person’s birth, whether or not the person is born in Kenya, either the mother or father of
the person is a citizen.”
In Senegal, the 1961 Nationality Code contained complicated provisions distinguishing between
children born in and out of wedlock and allowed women to pass their nationality only to children
of an unknown or stateless father. In 2012, the Ministry of Justice implemented the government’s
pledge to remove gender discrimination from nationality laws and a new 2013 law established that
any child born as a direct descendant of a Senegalese national is Senegalese.
The 2017 reform of the Sierra Leonean nationality law now allows women to confer nationality on
their children born abroad, which was previously allowed to men only. Madagascar also reformed its
nationality law in 2017 to allow mothers to confer their nationality on children on an equal basis with
men. However, the new law still does not allow women to confer their nationality on their nonnational
spouses, as men can. It just allows both spouses and children to retain their nationality if a spouse
or parent loses theirs.
The 2018 amendments to the nationality law of Sudan now allow people of South Sudan who lost
their nationality after South Sudan independence in 2011 to reinstate their Sudanese citizenship.130
Following the declaration of independence of South Sudan, the 1994 Nationality Act had been
amended to revoke Sudanese nationality to any person “who has acquired, de jure or de facto, the
nationality of South Sudan.” This applied, for example, to children of Sudanese mothers and South
Sudanese fathers. In June 2018, the National Assembly approved the amendments allowing women
to confer their nationality on children where the father is from South Sudan. The amendments also
remove the inconsistency between the country’s Nationality Act and the 2005 Constitution, which
stipulates that, “Every person born to a Sudanese mother or father shall have an inalienable right to
enjoy Sudanese nationality and citizenship.”131
On November 4, 2018, the Iranian government approved an amendment to the Civil Code to allow
children born to Iranian mothers and foreign fathers to apply for citizenship. The application can
be submitted by the mother on behalf of minor children and by children of such unions as soon as
they reach majority at the age of 18.132 Before the amendments, only children born of Iranian fathers
and foreign mothers were automatically given Iranian citizenship. Fathers only could confer their
nationality on their children in all circumstances.133
There has also been some progress in removing the causes of statelessness among the forcibly displaced
that arise from discrimination against women in nationality laws. UNHCR has recently reported that the
Government of Jordan has adopted a multipronged initiative to prevent the risk of statelessness for Syrian
refugee children born in Jordan and Syrian refugees born in Syria who could not be registered before
fleeing. These initiatives focus on making birth and marriage registration easier and more accessible to
prevent statelessness. First, civil registration offices have been established in Jordan’s two largest refugee
camps, Zaatari and Azraq, and mobile registration services have been established in the Emirati Jordanian
Camp. Furthermore, registration fees were waived, procedures for late registration simplified, and judicial
services were established in the refugee camps to facilitate official marriage registration, as a marriage
certificate is required to register the birth of a child under Jordanian law. The Government of Jordan further
III. Removing gender-based legal barriers against women to identification
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