7
◆ Considering that Article 1 of the Convention on the
Nationality of Married Women highlights that:
“Each contracting State agrees that neither the
celebration nor the dissolution of a marriage between
one of its nationals and an alien, nor the change of
nationality by the husband during marriage, shall
automatically affect the nationality of the wife.”
◆ Noting that Article 5 of the Convention on the
Elimination of All Forms of Racial Discrimination
states that:
“In compliance with the fundamental obligations
laid down in article 2 of this Convention, State
Parties undertake to prohibit and eliminate racial
discrimination in all its forms and to guarantee the
right to everyone, without distinction as to race,
color, or national or ethnic origin, to equality before
the law, notably in the enjoyment of the following
rights: (d)(iii) The right to nationality.”
◆ Noting that Articles 1, 2 and 4 of the Convention on
the Reduction of Statelessness state:
“A Contracting State shall grant its nationality to
a person born in its territory who would otherwise
be stateless…. A foundling found in the territory of
a Contracting State shall, in the absence of proof to
the contrary, be considered to have been born within
that territory of parents possessing the nationality
of that State…. A Contracting State shall grant its
nationality to a person, not born in the territory of a
Contracting State, who would otherwise be stateless,
of the nationality of one of his parents at the time of
the person’s birth was that of the State….”
◆ Considering Human Rights Council Resolution 32/7
of 2016 on The Right to a Nationality: Women’s Equal
Nationality Rights in Law and Practice, which:
“Calls upon all States to adopt and implement
nationality legislation consistent with their
obligations under international law, including
with respect to the elimination of all forms of
discrimination against women and girls in
nationality-related matters, and with a view to
preventing and reducing statelessness;…
Urges States to take immediate steps to reform
nationality laws that discriminate against women
by granting equal rights to men and women to
confer nationality on their children and spouses and
regarding the acquisition, change or retention of
their nationality”
◆ Considering also Human Rights Council Resolution
53/16 of 2023 on The Right to a Nationality: Equality
in Nationality Rights in Law and in Practice, which:
“Reaffirms that the right to a nationality is a
universal human right enshrined in the Universal
Declaration of Human Rights, and that everyone has
the right to a nationality, without distinction of any
kind; …
Urges all States to refrain from enacting or
maintaining discriminatory nationality legislation,
policies and practices, in a manner consistent with
their respective obligations under international
law, with a view to avoiding statelessness and
loss of nationality, preventing vulnerability to
human rights violations and abuses, decreasing
the risk of exploitation and abuse, and eliminating
discrimination against all women and girls in
the acquisition, change, retention or conferral of
nationality;
Urges States to take immediate steps to reform
nationality laws that discriminate against women
regarding the acquisition, change or retention of
their nationality and the conferral of nationality on
their children and spouses; …
Urges States to refrain from gender-based
discrimination in access to documents used to
prove nationality, in particular passports, identity
documents and birth certificates, and, where
relevant, marriage certificates.”
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