The first global international instrument that recognised the right to a nationality is the
Universal Declaration of Human Rights (UDHR),2 where article 15 stipulates the
following:
1. Everyone has the right to a nationality.
2. No one shall be arbitrarily deprived of his nationality nor denied the right to
change his nationality.
The Arab Charter on Human Rights (ACHR), ratified by the UAE in 2008, stipulates
a similar provision in its article 29.
1. Everyone has the right to a nationality. No one shall be arbitrarily or unlawfully
deprived of his nationality.
The right to a nationality can also be found in other international instruments such as
article 5 of the International Convention on the Elimination of All Forms of Racial
Discrimination (ICERD) which the UAE ratified in 1974.
Another aspect of the right to nationality is the independent nationality right of women,
which is enshrined in the Convention on the Elimination of All Forms of Discrimination
against Women (CEDAW), which the UAE ratified in 2004. Article 9 states the
following:
1. States Parties shall grant women equal rights with men to acquire, change or
retain their nationality. They shall ensure in particular that neither marriage to
an alien nor change of nationality by the husband during marriage shall
automatically change the nationality of the wife, render her stateless or force
upon her the nationality of the husband.
2. States Parties shall grant women equal rights with men with respect to the
nationality of their children.
Therefore, if a woman’s husband faces deprivation of nationality, states should ensure
that she is not subjected to the same fate solely because of her marital status.
Additionally, women have the same entitlement as men to transmit their nationality to
their children. The UAE, however, made a reservation on this article, asserting that
they regard “the acquisition of nationality an internal matter which is governed, and the
conditions and controls of which are established, by national legislation […] and does
not consider itself bound by the provisions thereof”.3 This demonstrates the reluctance
of the country to afford women equal rights to men regarding nationality, and
underscores the significance for the state to maintain control over citizenship as a
domestic affair.
Furthermore, the Covenant on the Rights of the Child (CRC), which the UAE ratified in
1997, also includes the right to nationality in article 8:
The UDHR is applicable to the UAE as a matter of customary international law.
United Nations Treaty Collection, Convention on the Elimination of All Forms of Discrimination against
Women,
https://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV8&chapter=4&clang=_en#EndDec, (accessed on 1 May 2024).
2
3
4
Citizenship stripping in the UAE