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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