Reforms to incorporate gender equality can often be achieved through relatively simple changes to the formulation of nationality laws, and indeed there is a growing willingness and commitment by States to take positive action in this regard. Since the launch of the UNHCR’s Global Action Plan, several States have undertaken reforms to abolish gender discrimination in the conferral and transfer of citizenship.29 Sample laws and good practices This section showcases examples of legal provisions that ensure gender equality in nationality matters. 1. Parental transfer of nationality Article 9(2) of CEDAW establishes an obligation for Contracting States to abolish gender discriminatory provisions on the transfer of nationality from parents to children. The same obligation is supported by the principle of the best interests of the child, enshrined in Article 3 of the CRC. Several States have recently reformed their nationality laws in accordance with this international standard. For example, Madagascar, Senegal, Morocco and Egypt all previously limited the transfer of nationality from the paternal line, unless the father was stateless, unknown or otherwise unable to establish kinship with the child. Following reforms in these countries, mothers and fathers can transfer their nationality to their children on an equal basis. Senegal’s amended law of 2013 states: “Any child born as a direct descendant of a Senegalese is Senegalese.”30 In a slightly different formulation, the relevant law in Madagascar, as reformed in 2017 provides: “Est malagasy, l’enfant né d’un père et/ou d’une mère Malagasy” (unofficial translation: “The child born of a Malagasy father and/or mother is Malagasy”).31 Not only do such new provisions abolish gender discrimination, but they also add clarity and simplicity to the law. In some States, the transition to gender-neutral laws on transfer of nationality to children has gone hand in hand with the elimination of restrictive and often convoluted requirements that children born abroad and/or out of wedlock must fulfil to acquire nationality. Sierra Leone is a case in point. According to the previous citizenship law of 1973, Sierra Leonean women could only transmit nationality to their children born abroad if the child had not acquired the citizenship of another State.32 Under the new Citizenship Act of 2017, women and men have equal rights to 29 For an overview of recent changes to several countries’ nationality laws, see UNHCR, Background Note on gender equality, nationality laws and statelessness 2018, 8 March 2018, available at: www.refworld.org/docid/5aa10fd94.html. For a description of UNHCR’s Action 3 to abolish gender discrimination in nationality laws, see UNHCR , Good practices aper – Action 3: Removing gender discrimination from nationality laws, 6 March 2015, available at: www.refworld.org/docid/54f8377d4.html. 30 Loi n° 2013-05 dated 8 July 2013 portant modification de la loi n° 61-10 du 7 mars 1961 déterminant la nationalité, 8 July 2013, Art. 5, available at: www.refworld.org/docid/51ed5ef14.html. 31 Loi n°2 016-038 modifiant et complétant certaines dispositions de l’Ordonnance n° 60-064 du 22 juillet 1960 portant Code de la nationalité malagasy, 25 January 2017 (in force as of 8 May 2017), Art. 9, available at: http://docplayer.fr/46645663-Loi-n-modifiant-etcompletant-certaines-dispositions-de-l-ordonnance-n-du-22-juillet-1960-portant-code-de-la-nationalite-malagasy.html. 32 Sierra Leone Citizenship Act, 1973, 24 May 1973, available at: www.refworld.org/docid/3ae6b50610.html, as amended by The Sierra Leone Citizenship (Amendment) Act, 2006, No. 11 of 2006, 26 October 2006 (Part II, Sections 5 and 6), available at: www.refworld.org/ docid/481596b42.html. 16