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

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