Gender equality in nationality laws Introduction Gender inequality in nationality laws can lead to statelessness among adults and children alike. Such laws are inconsistent with the obligations of States under international law, which provide for equal treatment of women and men.26 States Parties to the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) have an explicit obligation to grant women and men equal rights with respect to both parental and spousal transfer of nationality. Under Article 9(1) of CEDAW, the States Parties are compelled to “grant women equal rights with men to acquire, change or retain their nationality”. In particular, “they shall ensure…that neither marriage to an alien nor change of nationality by the husband during marriage shall automatically change the nationality of the wife, render her stateless or force upon her the nationality of the husband”. Under Article 9(2) of CEDAW, “States Parties shall grant women equal rights with men with respect to the nationality of their children”. The Committee on the Elimination of Discrimination against Women has specified that “[n]ationality laws that grant nationality through paternal descent alone infringe article 9(2) and may render children stateless” where the father is stateless, unknown, not married to the mother, unwilling to fulfil administrative steps to confer his nationality or otherwise unable to transmit his nationality to the children.27 In order to minimize the risk of statelessness and comply with the international norm of non-discrimination, States should recognize the right of mothers to transmit their nationality to their children on an equal basis with fathers. In addition, the United Nations Convention on the Rights of the Child (CRC) requires States Parties to undertake actions in accordance with the best interests of the child.28 As regards nationality acquisition, it is in the best interest of children for States to allow both mothers and fathers, regardless of their legal or marital status, to transfer their nationality to their children on an equal basis. 26 The duty of non-discrimination, a jus cogens norm, is enshrined in Article 7 of the Universal Declaration of Human Rights (UDHR) as well as in Article 26 of the International covenant on civil and political rights (ICCPR). Common Article 3 of the ICCPR and the International covenant on economic, social and cultural rights (ICESCR) specifically provides for equality between men and women in the enjoyment of all rights. 27 UN Committee on the Elimination of Discrimination Against Women (CEDAW), General recommendation No. 32 on the gender-related dimensions of refugee status, asylum, nationality and statelessness of women, 5 November 2014, CEDAW/C/GC/32, para. 61, available at: www.refworld.org/docid/54620fb54.html 28 Article 3(1) of the CRC reads: “In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.” 15