Nationality laws which do not grant women equality with men in conferring nationality to their
children are a cause of statelessness and a concern for UNHCR under its mandate to prevent and
reduce statelessness1. Since 2012, UNHCR has issued an annual background note on gender equality in
legal provisions in nationality laws which relate to conferral of nationality to children. This
Background Note provides the most up-to-date information available to UNHCR as at 8 March 2017.
Sixty years ago, the nationality laws of the majority of States did not provide equal rights to women in
nationality matters. This has radically changed for the better since the adoption in 1979 of the
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). UNHCR’s
survey of nationality legislation2 reveals that equality between men and women relating to conferral of
nationality upon children has not yet been attained in 26 countries in almost all parts of the world.
These nationality laws do not give mothers the ability to confer their nationality to their children on an
equal basis as fathers. The majority of these States are found in Middle East and North Africa (twelve
countries) and Sub-Saharan Africa (seven countries). Five States in Asia and the Pacific do not grant
mothers equal rights as fathers to confer their nationality on their children, and the same is the case
for two States in the Americas. These States are listed in the table on page 2 and an analysis of those
countries’ laws is presented on pages 3-5. Additional States, not dealt with in this overview, grant
equality to men and women with regard to the nationality of children but not with regard to acquisition, change or retention of nationality upon change in civil status.3
Gender inequality in nationality laws can create statelessness where children cannot acquire
nationality from their fathers. This can occur (i) where the father is stateless; (ii) where the laws of the
father’s country do not permit conferral of nationality in certain circumstances, such as when the child
is born abroad; (iii) where a father is unknown or not married to the mother at the time of birth; (iv)
where a father has been unable to fulfill administrative steps to confer his nationality or acquire proof
of nationality for his children because, for example, he has died, has been forcibly separated from his
family, or cannot fulfill onerous documentation or other requirements; or (v) where a father has been
unwilling to fulfill administrative steps to confer his nationality or acquire proof of nationality for his
children, for example if he has abandoned the family. Ensuring gender equality in nationality laws can
mitigate the risks of statelessness. It is against this background that UNHCR’s efforts are deployed toward promoting gender equality in nationality laws.
(1) Discrimination between men and women in nationality matters is at variance with international human rights law.
Article 9 of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) guarantees women’s
equality (i) with respect to acquisition, change, or retention of their nationality and (ii) their ability to confer nationality on
their children. The International Covenant on Civil and Political Rights and other treaties also address the issue.
(2) Please note, additional information may arise that could alter the conclusions of this analysis.
(3) An assessment undertaken by UNHCR shows that more than 60 States retain such legal provisions.