Stand-alone unit D
Gender, nationality and statelessness
Summary
This stand-alone unit discusses
gender issues in the context of
nationality attribution and how
discriminatory laws and practices
can lead to statelessness.
Students are first provided with
an introduction to the concepts of
nationality and statelessness. The
scale and impact of the problem of
statelessness worldwide is discussed
and an impression is given of the
consequences of statelessness for
individuals, communities and States.
Next, students take a look at how
nationality is attributed by States and
at how gender can be a factor in laws
and policies relating to nationality.
In particular, this unit discusses the
existence of, and reasoning behind,
and scope of these provisions
are discussed, including through
consideration of a number of reports
and statements by relevant bodies
such as the CEDAW Committee
(e.g. concluding observations on
periodic state reports; general
recommendations). Finally,
students discuss the efforts that
are being made to combat gender
discrimination in relation to a
right to a nationality and to avoid
statelessness in this context,
including by looking at the role
of different national, regional and
international actors in addressing this
issue.
nationality laws that discriminate on
the basis of gender. It looks at the
increased vulnerability of women
to statelessness as a result of
changes to their nationality status
through marriage or divorce and the
heightened risk of statelessness
among children in the event of
nationality laws that limit the ability of
women to transmit their nationality to
their children.
Students then look at the role of
human rights law and instruments
such as CEDAW, ICCPR and the
Convention on the Nationality of
Married Women in tackling gender
discrimination in the context of
nationality attribution. The content
Learning objectives
•
Describe the problem of statelessness, its scale and
consequences.
•
Explain the ways in which gender may be a factor in the
attribution of nationality and how gender discrimination in
nationality laws and practices may lead to statelessness.
•
Discuss the overall approach and content of the 1961
Convention on the Reduction of Statelessness.
•
Appreciate the strengths and weaknesses of
international law for the avoidance of statelessness arising
from gender discrimination.
•
Identify some of the actors that are involved in
combating gender discrimination where it impacts on the
right to a nationality and discuss how they are contributing
to a response to this issue.
Readings and information sources
Key readings providing a general introduction to statelessness
Leclerc & R. Colville, “In the Shadows” in Refugees Magazine, No. 147, Issue 3, 2007.
* P.
http://www.unhcr.org/46d2e8dc2.html
Manly, S. Persaud, “UNHCR and responses to statelessness” in Forced Migration Review, Issue 32, April 2009.
* M.
http://www.fmreview.org/FMRpdfs/FMR32/07-10.pdf
A Guide to Teaching on Statelessness 13