“In 2011 the United Arab Emirates had taken another important step in cementing the
rights of women when the United Arab Emirates President issued a decree according
citizenship rights to children born to Emirati women but whose father is not Emirati. It
accords them citizenship rights, and at the age of 18 they have the choice of taking United
Arab Emirates nationality or retaining the father’s nationality. The Government was
taking the implementation of recommendations on women’s rights very seriously and
was in the process of adopting a National Strategy for the Advancement of Women for
2013 to 2017.”6
While the Institute acknowledges this positive development, it reiterates that the UAE’s law,
policy, and practice nonetheless falls short of international standards on gender equality. The
fact that a mother cannot transfer nationality to her children on an equal basis to men must
be addressed.
Relevant international and national law
6. The UAE has not ratified the International Covenant on Civil and Political Rights (ICCPR) or the
International Covenant on Economic, Social and Cultural Rights (ICESCR). However, the UAE,
as a Member of the United Nations is obligated by the Charter of the United Nations to
promote “universal respect for, and observance of, human rights and fundamental freedoms
for all without distinction as to race, sex, language, or religion”.7 The human rights and
fundamental freedoms referred to in Article 55 (c) of the UN Charter are specified in the
Universal Declaration of Human Rights (UDHR), and many are also recognised as principles of
customary international law and are therefore universally applicable. Article 15 of the UDHR
states that “everyone has the right to a nationality” and “no one shall be arbitrarily deprived
of his nationality nor denied the right to change his nationality”.
7. According to Article 7 of the Convention of the Rights of the Child (CRC), which the UAE is
party to enshrines every child’s right to be registered immediately after a birth and to acquire
a nationality, and protects all children from statelessness.
8. Article 24 of the Arab Charter on Human Rights states that “No citizen shall be arbitrarily
deprived of his original nationality, nor shall his right to acquire another nationality be denied
without a legally valid reason.”
9. The UAE therefore has strong international treaty obligations to ensure that all children born
on its territory, regardless of their ethnicity or status or that of their parents or guardians, will
acquire Emirati nationality if they would otherwise be stateless.
10. The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
states in Article 9 that: (2) States Parties shall grant women equal rights with men with
respect to the nationality of their children. The UAE has been a State party to CEDAW since
2004. However, it has in place a reservation to Article 9.8
6
Ibid. at 16
Article 55 (c) of the Charter of the United Nations. According to Article 56 of the Charter, It is the obligation of all member
states of the UN to take “joint and separate action in co-operation with the Organization for the achievement of the
purposes set forth in Article 55”
8 A/HRC/WG.6/15/ARE/2
7