violations of women’s nationality rights, right to non-discrimination on the basis of sex, and
human rights violations that result from Barbados’s discriminatory nationality laws.7
16. The submission set out that by denying married women the equal rights to confer nationality on
children born outside country, adopted children, and spouses, Barbados’s Constitution and
Citizenship Act violate women’s nationality rights and international human rights standards,
including Article 9 of the CEDAW. According to Article 9:
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.
In its recent General Comment No. 32 on the gender-related dimensions of refugee status,
asylum, nationality and statelessness of women, the Committee confirmed that Article 9 extends
an obligation to ensure equality between men and women in the ability to confer their nationality
to their spouses.
17. While women’s inability to equally confer citizenship on children and spouses is particularly
relevant to CEDAW,8 the nationality law’s discrimination against single fathers is also pertinent to
the perpetuation of discrimination against women, in particular its impact on traditional
stereotypes that negatively impact women. By denying single fathers the right to confer
nationality on children on an equal basis with single mothers, the State is implicitly endorsing and
reinforcing the notion that the responsibilities of parenting ‘naturally’ belong exclusively to the
mother. This is contrary to the idea of equality between the sexes, and undermines women’s
equality in professional, public and cultural life.
The right of every child to acquire and retain a nationality
18. The Institute and Global Campaign’s joint submission to the Committee on the Rights of the Child,
for consideration at the Committee’s 74th Session in January 2017, highlighted significant concerns
directly related to the child’s right to acquire and retain a nationality.9
19. As set out in the Submission, Barbados’ law does not comply with CRC Articles 7 and 8, when read
in accordance with the principle to not discriminate (Article 2) and the principle of the best
interests of the child (Article 3). Articles 7 and 8 set out as follows:
7
See above, note 5.
8
The CEDAW Committee requested in its List of Issues (CEDAW/C/BRB/Q/5-8) for the State party to clarify how Article 5 of the
Constitution and national legislation are applied to ensure women and men’s equal ability to confer nationality on children.
9
See above, note 4.