SOLVING STATELESSNESS
• Do women have equal rights with men to confer nationality on their
children?
• Do women have equal rights with men to acquire, change or retain
their nationality?
The methodology developed for Global Indicator 5.1.1 should also
measure the extent to which these laws are implemented. To this end
it should consider, for example, whether laws and regulations require
the promotion of awareness of legal and policy developments granting
women equal rights with men to confer nationality on their children
or with regard to the acquisition, change and retention of nationality.
The Global Indicators for SDG 10, Target 10.3 and SDG 16, Target 16.b,
are substantially the same: “Proportion of population reporting having
personally felt discriminated against or harassed in the previous 12
months on the basis of a ground of discrimination prohibited under
international human rights law” (Global Indicators 10.3.1 and 16.b.1).
Both are envisaged to fall within Tier III. If Global Indicators 10.3.1
and 16.b.1 are the only Global Indicators used to measure progress of
Targets 10.3 and 16.b respectively, it is difficult to see how they could
be used to effectively address statelessness. The current formulation
of these Global Indicators rests on the assumption that individuals
who experience discriminatory treatment are in a position to report
the mistreatment and, in fact, take the opportunity to do so. Stateless
people are frequently denied any standing in society, legally or
socially. This lack of any formal legal status in the countries in which
they live means that they rarely come forward to complain of their
mistreatment for fear of being identified, detained or deported.73 In
the case of individuals living in a protracted situation of statelessness
or whose statelessness is inherited from previous generations, the
discriminatory law or policy that rendered them stateless may have
been in existence for years and the discrimination that they face may
be highly structural in nature. Basing measurement of Targets 10.3 and
16.b on whether an individual “personally feels” discriminated against
may not help stateless persons who have been discriminated against
their entire lives and who may not even know that the treatment that
they are experiencing is discriminatory. Given that Targets 10.3 and
16.b are both concerned with eliminating discriminatory laws, policies
73
See, UNHCR, Mapping Statelessness in the United Kingdom, supra n26, pp.
24–25.
65
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