Unit 5 [core unit] Preventing statelessness (2): Nationality, discrimination and statelessness Summary This unit looks at the role that discrimination can play in the creation and perpetuation of statelessness. The two main issues considered are discrimination on the grounds of gender and discrimination against ethnic, religious or linguistic minorities. The unit discusses the existence of, and reasoning behind, 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 where nationality laws limit the ability of women to transmit their nationality to their children. The approach taken to gender and nationality in the 1961 Convention on the Reduction of Statelessness is identified. Students then look at the role of human rights law and instruments such as ICCPR, CEDAW and the Convention on the Nationality of Married Women in tackling gender discrimination in the context of nationality attribution. The content and scope of these provisions are discussed, including through consideration of a number of reports, statements and conclusions by relevant bodies such as the CEDAW Committee. Thereafter, the vulnerability of ethnic, religious and linguistic minority groups to deprivation or denial of nationality is discussed and illustrated through examples that show the different ways in Learning objectives • Describe the role that discrimination can play in creating and perpetuating statelessness. • Explain why women may find themselves at risk of statelessness and how gender discrimination in nationality law can heighten the threat of statelessness among children. • Discuss the value of the human rights instruments for the prevention of statelessness in the context of gender discrimination. 28 A Guide to Teaching on Statelessness which discrimination may influence law or practice. The provision of the 1961 Convention on the Reduction of Statelessness that addresses discriminatory deprivation of nationality is considered before relevant human rights norms, including CERD, resolutions of the Human Rights Council, the former Commission on Human Rights, and regional instruments are discussed. Students are also familiarised with the decision of the Inter-American Court on Human Rights in the Case of Yean and Bosico v. Dominican Republic – the context of and details of this case can also be used as the focal point for discussing this issue, with students basing the investigation of relevant international norms around this case study. • Explain the ways in which minority groups may find themselves at risk of statelessness. • Discuss the value of the 1961 Convention on the Reduction of Statelessness for the prevention of statelessness in the context of discrimination against minorities. • Identify and discuss other relevant international standards for the avoidance of statelessness in the context of discrimination against minorities.