2020
Statelessness & Citizenship Review
2(1)
citizenship dependent on that of her husband. 28 The principle of jus sanguinis, the
inheritance of citizenship through fathers explicitly, was deemed fundamental to
warranting loyalty at a time when the Napoleonic wars encompassed Europe. 29
2
Nineteenth Century Beginnings
There was, in the nineteenth century and only in certain countries, a growing but
gradual momentum in advocacy movements for women’s rights. Starting with the
seminal 1848 Seneca Falls Convention in New York, US activists promoted the
idea of such women’s rights conventions at which a wide spectrum of women’s
grievances could be expressed and affirmed. 30 High on the women’s agenda from
the outset was the extension of full franchise to women. Pragmatic demands were
also prominent, the right to education and payment for work done, while the
position of the married woman was singled out by campaigners and declared to be
that of the ‘civilly dead’. 31 In 1888 in Washington DC, at a meeting attended by
53 women’s organisations from nine countries, the US National Women’s
Suffrage Association helped to found a new organisation, the International
Council. 32 By 1905 the International Council had grown to having national
branches in 35 countries. 33 In that same year, the International Council carried out
‘a special investigation’ on the issue on unequal nationality laws and continued
advocating for reform in the decades that followed. 34
Protest Preparations Begin
The interwar years saw the growth of a global citizenship equality campaign.
Several national feminist organisations petitioned their respective governments on
the issue, and local commitment translated to wider united action on the issue.
Globally, the Alliance became committed to the principle that ‘married women
should enjoy all the freedom granted to men to retain or alter their nationality’. 35
In 1923 the Alliance put together a set of international guidelines as, in the words
of Caroline Bredbenner, a ‘cure for the dismal state of married women’s
nationality rights’. 36 The collaborative nature of international activism is clear
from the Alliance’s response to the 1928 announcement that the League of Nations
would hold a Conference on Codification of International Law in 1930, in The
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29
30
31
32
33
34
35
36
ibid 66.
ibid.
Gerda Lerner, ‘The Meaning of Seneca Falls: 1848–1998’ (Fall 1998) Dissent 35–36.
The damning conclusion of ‘civilly dead’ would have full resonance in the nineteenth and
early twentieth centuries when the legislation passed by national governments invariably
excluded the mother’s right to pass on nationality to her children: see ‘Declaration of
Sentiments’ in Report of the Woman’s Rights Convention Held at Seneca Falls (John Dick
1848) 7.
Linda L Clark, Women and Achievement in Nineteenth-Century Europe (Cambridge
University Press 2008) 251.
Macmillan (n 7) 143.
ibid.
Bredbenner (n 1) 198.
ibid.
48