Feminist Foresight in Statelessness
Transmission of citizenship by either parent was eventually legalised in Ireland
in the 1956 revised Irish Nationality and Citizenship Act. 104 In the debates leading
up to this Act, Ireland’s Department of Justice was determined to maintain
conferral of citizenship by descent through a patrilineal line only, but de Valera
successfully opposed the move, with the result that Irish nationality law became
more progressive than both the 1935 Citizenship Act and the citizenship laws of
Britain, the former coloniser. 105
The End of the Campaigns?
The question as to what extent the citizenship equality campaigns of the 1920–30s
came to an end at the outbreak of the Second World War in 1939 has no definitive
answer. Most of the scholarship on the equal citizenship campaigns of the first
half of the twentieth century focuses on the interwar period, and — perhaps at the
height of those campaigns — the Hague Convention in 1930. Miller writes that,
thanks to persistent demands to advance the status of women, the League of
Nations Assembly in 1937 finally approved a plan for a comprehensive and
scientific inquiry into the legal status of women throughout the world. 106
However, the work of the inquiry committee that was set up appears to have been
brought to a halt by the beginning of the Second World War. 107 Nonetheless, the
work of feminists in the 1930s would bear further fruit in the creation of the UN
Status of Women Commission in 1946. 108 Successive international treaties and
conventions would continue to crop up until the Convention on the Elimination of
All Forms of Discrimination against Women was drafted in 1981. 109 And with it,
at last, came a full and comprehensive convention requiring equal nationality
rights for women.
V
PART 2: DECENTRING STATELESSNESS HISTORY — A DISCUSSION
Introduction
An analysis of the key events and characters from the early 1900s, described in
part one of this article, can be a source of inspiration and lessons for today’s
campaigns against GDNL. To draw out such lessons it is useful to reflect on the
foresight of equality campaigners on statelessness issues, and on the nature of the
opposition they faced, and also to question the role of race in the history of GDNL.
104 Irish Nationality and Citizenship Act 1956 (Ireland) ss 6(1)–(2).
(1) Every person born in Ireland is an Irish citizen from birth.
(2) Every person is an Irish citizen if his father or mother was an Irish citizen at the time of
that person’s birth or becomes an Irish citizen under subsection (1) or would be an Irish
citizen under that subsection if alive at the passing of this Act.
105
106
107
108
109
Daly (n 7) 262.
Miller (n 6) 237.
ibid 238.
ibid 237.
ibid 239; Convention on the Elimination of All Forms of Discrimination against Women,
opened for signature 18 December 1979, 1249 UNTS 13 (entered into force 3 September
1981).
57