citizen, and does not provide for nationality if both parents are stateless or cannot pass
on their nationality.
Denial of citizenship and discrimination based on gender
29. Mauritania’s nationality law denies Mauritanian women equal rights with men to confer
nationality on children and spouses. Discriminatory nationality laws are based on stereotypes,
which reinforce stereotypical roles for both women and men. Such as the idea that a child
"belongs" to a father rather than a mother, and that a child’s identity derives from the fathers, in
which case the father's nationality is more likely to attach to them, even if they live in the mother's
(different) home country. Gender discrimination in Mauritania's nationality law also undermines
women's ability to choose a spouse freely, and that threatens family unity, due to women's
inability to confer nationality on spouses on the same basis as men. Article 9 of the CEDAW
provides that women are to have "equal rights with men to acquire, change or retain their
nationality," and "with respect to the nationality of their children." In its General Comment No.
32 on the gender-related dimensions of refugee status, asylum, nationality and statelessness of
women, the CEDAW Committee confirmed that Article 9 extends an obligation to ensure equality
between men and women in the ability to confer their citizenship to their spouse. 22
30. In addition to the inherently gender discriminatory nature of the law, it also impacts on the child’s
right to acquire a nationality, thereby increasing risk of statelessness. Despite the 2010
amendments through the introduction of Article 13 of the nationality law, a child born abroad to
a Mauritanian mother may still only opt for Mauritanian nationality the year before his or her
18th birthday. These requirements do not apply to a child born to Mauritanian men, who have
the right to confer nationality on children at birth automatically. It is also unclear whether the
right to opt for citizenship for a child born abroad to a Mauritanian mother extends to children
born from fathers who are stateless or unknown nationality. In cases where a child born abroad
is unable to acquire the nationality of his or her foreign father, the child may be at risk of
statelessness until the year before reaching majority, which could have severe implications for
the child.23
Gender discrimination beyond nationality matters and statelessness
31. Other forms of gender discrimination in law and practice that are of particular concern to the cosubmitting organisations include areas related to the Penal Code, a pending law on gender-based
violence, and the Personal Status Code.
32. Articles 309 and 310 of the Penal Code, concerning rape, do not provide a definition of rape. As a
result, some state authorities interpret rape to be a form of adultery or ‘zina’. In such
circumstances, the punishment for rape is insignificant and reparation for victims is minimal. We
are deeply alarmed by and condemn the fact that most of the suspects are released on bail
pending trial. In many cases, this leads to suspected rapists becoming multiple offenders putting
vulnerable people at risks, with instances of one perpetrator being responsible for 30 rapes. In
22
23
https://documents-dds-ny.un.org/doc/UNDOC/GEN/N14/627/90/PDF/N1462790.pdf?OpenElement
https://uprdoc.ohchr.org/uprweb/downloadfile.aspx?filename=2173&file=EnglishTranslation.
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