such situation, it is not only violates the right of the petitioner but also the fundamental rights of her mother Ganga Maya conferred by the Article 13 and 20(1) not to issue citizenship certificate to the petitioner citing the reason that her father has not been traced out despite the petitioner’s mother Ganga Maya has been proved to be the citizen of Nepal from her citizenship certificate. Such an act of making discrimination against women on the ground of sex infringes the women’s right to equality. The Court enforces such infringed rights under Article 107(2). There is an express provision in Article 33 (m) and ( n) of the Interim Constitution of Nepal, 2007 that it shall be the obligation of the State to effectively implement the international treaties and conventions to which Nepal is a party and to eliminate discrimination of all types. The act to deny to provide Nepali citizenship certificate to the petitioner violating the Constitution, statutes and conventions to which Nepal is a party, on the ground that her father has not been traced out, cannot be acceptable for this court. The Court takes this matter seriously. Such an act is a mockery to the rule of law. and tradition that consider men as superior than women. Article 26 of the International Covenant on Civil and Political Rights, 1966, to which Nepal is a party, has provided that: Article 26. “All persons are equal before the law and are entitled without any discrimination to the equal protection of law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.” 15. Article 26 of ICCPR is a provision corresponding to the right to equality provided by Article 13 of our Constitution. According to the provision of that Convention discrimination cannot be made among men, women or even third gender on any ground. According to Article 26 of that convention the State parties have to formulate laws to prohibit discrimination based on sex. Article 1 of UN Convention on the Elimination of All Forms of Discrimination, 1979 reads as follows: “For the purposes of the present convention the term ‘discrimination against women’ shall mean any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.” 13. Nepal has become a party to ICCPR, 1966, CRC, 1989 and CEDAW, 1979. y Pursuant to Section 9 of Nepal Treaty Act, 1990 after becoming a party to those conventions, the provisions of the conventions are enforceable instead of Nepal law, if the provisions of these conventions are inconsistent with any Nepal law. In the condition that there is no debate on the fact that the petitioner’s mother is a Nepali citizen, the act of denying her Nepali citizenship certificate on the ground that her father has not been traced out when there is no contention on the fact that the mother of petitioner is a Nepali citizen, has violated her right conferred by the Article 13 and 20(1) of the Interim Constitution of Nepal, 2007. Apart from this, Article 2 (a), (b), (d) and (f) are also important which are as follows: 2. State parties condemn discrimination against women in all its forms agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake: 14. It has been proved that petitioner’s mother Ganga Maya Damai is a Nepali citizen from her Nepali citizenship certificate bearing the No 1353 issued by District Administration Office, Dolakha on 13tIt It h May, 1988. Even in such situation it has been denied to issue citizenship certificate to the petitioner on the ground that her father has not been traced out, such an act has not only violated the rights of the petitioner and her mother conferred by the Interim Constitution of Nepal, 2007 but also the rights conferred by different conventions to which Nepal is a party. The treaties and conventions to which Nepal is a party have forbidden discrimination between men and women and have also abolished the customs a) To embody the principle of equality of men and women in their national constitutions or other appropriate legislation if not yet incorporated therein and to ensure through law and other appropriate means, the practical realization of this principle. b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women. d) To refrain from engaging in any act or practice of discrimination against women and to ensure that public authorities and institutions shall act in conformity with 52 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION