CEDAW CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN Quick Reference Guide STATELESSNESS AND HUMAN RIGHTS TREATIES This reference guide highlights key international human rights provisions found in CEDAW that are relevant to women’s nationality rights and individuals affected by gender discrimination in nationality laws, including stateless persons. It is addressed to all stakeholders who may wish to use this international human rights instrument to advance gender equal nationality rights and improve the enjoyment of human rights by affected persons, thereby helping to meet the goals of the Global Campaign for Equal Nationality Rights (GCENR) and the #IBelong Campaign to End Statelessness. Nationality laws determine the ability to acquire, change, and retain one’s nationality and to confer nationality on children and spouses. 26 countries deny women the ability to confer nationality on children on an equal basis with men. Over 50 countries maintain other gender discriminatory provisions in their nationality laws. CEDAW primarily addresses nationality rights through two provisions, including through its provisions on non-discrimination (Article 2) and equal nationality rights between men and women (Article 9). In many contexts, gender discrimination in nationality laws results in or is linked with violations of social, political and economic rights. A number of General Recommendations (GRs) of the Committee on the Elimination of Discrimination against Women (Committee) further inform the meaning of these provisions when using them to advance gender equal nationality rights. Even though she was born in Lebanon and her mother is Lebanese, Rama is stateless. Her mother married a stateless man but could not pass on her nationality to Rama because Lebanese law does not allow mothers to do so. © UNHCR/Jordi Matas Prevention and Reduction of Statelessness Article 2: “... condemn discrimination against women in all its forms …” Full implementation of Article 2 means that States must eliminate provisions that discriminate against women, including provisions found in nationality laws. • GR No. 28 on the core obligations of States parties under article 2: “Certain groups of women, including (…) stateless women (…) are particularly vulnerable to discrimination through civil and penal laws, regulations and customary laws and practices.” (para. 31) Article 9: “... grant women equal rights with men to acquire, change or retain their nationality... [and] with respect to the nationality of their children.” Roughly 50 States deny women the same rights as men to acquire, change, or retain their nationality. 26 States deny women the right to confer their nationality on their children on an equal basis with men. • GR No. 21: Equality in marriage and family relations: “Nationality is critical to full participation in society. (…) Nationality should be capable of change by an adult woman and should not be arbitrarily removed because of marriage or dissolution of marriage because her husband or father changes his nationality.” (para. 6) • GR No. 32 on the gender-related dimensions of refugee status, asylum, nationality and statelessness of women: “(…) discrimination against women can lead to a cycle of statelessness that can be perpetuated from generation to generation (…)” (para. 54)