4 Proposed Select Draft Articles on Nationality Rights to Ensure Gender Equality Comprehensive review States should review all constitutional provisions, nationality/citizenship and immigration laws, associated regulations, policies, and processes to ensure the ability of women to pass their nationality to their children and spouses on an equal basis with men. Comprehensive equality in all circumstances It is insufficient for women to merely have the right to confer nationality if it is not on an equal basis with men and only under certain circumstances, e.g, if their children must apply for nationality versus men being able to confer nationality on their children from birth automatically. In addition, any discrimination relating to race, ethnicity, religion, disability, or any other socio-economic status must be removed. Equal nationality rights in countries with bans on dual nationality Although States might retain bans on dual nationality, they must still uphold their legal obligation to nondiscrimination on the basis of sex. For example, States with bans on dual nationality may require children of binational parents to decide at the age of majority which parent’s nationality to retain, while upholding the equal right of all citizens, women and men, to confer nationality on their child at birth and in cases of adoption or naturalization. Spousal conferral & access to rights and services States should establish a streamlined process for the conferral of nationality to non-citizen spouses of citizens without discrimination on the basis of sex, including the provision of temporary residence permits, healthcare, employment eligibility, and other rights during the process. Ensuring harmony with other laws & policies States should consider including a “repeal and savings” clause to repeal provisions inconsistent with the reformed, egalitarian law to create legal consistency and ensure that nondiscriminatory laws prevail. Such a clause also safeguards existing rights of persons and obligations of the State prior to the enactment of the law. Retroactivity is critical to equality States should include a “retroactive” clause to ensure that the amended law will apply retroactively, as when there is no retroactivity provided for, some siblings may obtain citizenship while older siblings are denied it because of when they were born. Human rights abuses will persist for many families without retroactivity and leave some women as second-class citizens in terms of their inability to ever confer nationality on children born prior to the reform of the law. Obligation to prevent statelessness States must also ensure that nationality laws include and uphold gender equal provisions to prevent statelessness, as everyone has a right to a nationality.