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.”

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents