According to Clause (1), every child immediately
after birth acquires the right to identity and
name.
this obligation.
f)
To take all appropriate measures including
legislation to modify or abolish existing
laws, regulations, customs and practices
which constitute discrimination against
women.
7(2). State parties shall ensure the implementation
of these rights in accordance with their
national law and their obligations under
the relevant international instruments in
this field, in particular where the child
could otherwise be stateless.
16. Article 2 of CEDAW has provided that, after
becoming a party to it, the State party has to
condemn discrimination against woman in
all its form and for the practical realization of
elimination of discrimination against woman,
has to pursue appropriate policy and law to
abolish the existing laws, rules, custom and
usage which constitute discrimination against
women. The Article 5 (a) is as follows:
Thus, the Clause (2) has called the state parties
for making necessary provisions in national
legislation so as to protect children from being
rendered stateless.
17. Apart from the above mentioned provisions,
Article 8 of the Interim Constitution of Nepal,
2007 and Nepal Citizenship Act, 2006 have
clearly laid down the qualification for becoming
a Nepali citizen whereas the Nepal Citizenship
Rules, 2006 have dealt with the procedural
aspects on obtaining citizenship certificates.
5. State parties shall take appropriate measures:
a)
To modify the social and cultural patterns
of conduct of men and women with a view
to achieving the elimination of prejudices
and customary and all other practices
which are based on the idea of inferiority
or superiority of either of the sexes or on
stereotyped roles for men and women.
Part 3, Articles 13 and 20 of the Interim
Constitution have conferred right against
discrimination based on sex as fundamental
right whereas Article 22 has provided every
child the right to name and identity as
fundamental right as well. The international
treaties and conventions to which Nepal is
a party including ICCPR, 1966, CRC, 1989
and CEDAW, 1979 have also prohibited
discrimination against women on the ground
of sex and ensured children the right to obtain
citizenship from either father’s or mother’s
name of their choice. However, contrary to
the above provisions, the act of denying
Nepali citizenship to the petitioner only on
the ground that her father has not been traced
out has resulted in discrimination against the
petitioner as well as her mother. Apart from
this, the petitioner has been deprived from
rights like showing her identity and exercising
her political rights and also from an important
right to obtain the citizenship certificate.
According to above mentioned provision, a State
party shall have to take appropriate measures
to eliminate prejudices and customary and all
other practices which are based on the idea of
inferiority or superiority of either of the sexes.
Moreover, Article 9(2) of CEDAW reads that:
State parties shall grant women equal rights
with men with respect to the nationality of their
children.
Thus, the Clause (2) has conferred women
equal rights with men with respect to the
nationality of their children.
Article 16(1) (d) reads as :
d.
The same rights and responsibilities as
parents, irrespective of their marital status,
in matters relating to their children, in all
cases the interests of the children shall be
paramount.
18. The law has conferred the Chief District Officer
the power/authority to issue citizenship
certificate. It is the legal obligation of the
Chief District Officer to provide citizenship
certificate to the person qualified according
to the Interim Constitution of Nepal, 2007
and Nepal Citizenship Act, 2006, in case he
or she submits application for obtaining
citizenship certificate in the prescribed format.
Government of Nepal and the Chief District
Officer have to be known and informed of
the provisions of the Constitution of Nepal,
Nepal laws and the ICCPR, 1966, CEDAW,
1989 and CRC and they cannot be excused
for their ignorance of the provisions made by
Thus, according to the provision of Article 16(1)
(d), irrespective of the marital status of parents,
both of the parents shall have paramount
interest in matters relating to their children,
and the State parties have to make necessary
legal provisions for it.
Articles 7(1) and 7(2) of Convention on the
Rights of Child, 1989 (CRC) are also important
which are as follows:
7(1): The child should be registered immediately
after birth and shall have the right from
birth to a name, the right to acquire a
nationality and as far as possible the right
to know and be cared for by his parents.
53
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
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