A/HRC/23/23
51.
Women and their husbands and children who are non-nationals also face obstacles in
their access to adequate housing because of the restrictions imposed by States on the
enjoyment of property rights by non-nationals, the absence of freedom of movement,
discriminatory practices of housing agencies or lack of access to social housing.
52.
Not all States ensure the right to education to non-national children as required by
human rights law. Such children, who may lack the required documentation, are often
excluded from public schools or have to pay fees to attend school. They may also be
specifically excluded from certain levels of education, such as higher education, vocational
training or university.
53.
Non-national women and children are also exposed to a higher risk of violence,
including domestic violence and trafficking. 46 While waiting to acquire the nationality of
their husbands or a residence permit, women may suffer from violence and abuse
perpetrated by their husbands. In other circumstances, women may be reluctant to leave
their husbands for fear of losing their children who have a different nationality. When
women lack nationality, they face greater challenges to leave these abusive relationships
and to seek help from authorities. In some countries, it has also been reported that nonnational parents seek to marry off their daughters at a young age to nationals in order to
gain security.47
54.
In situations of conflict, disaster, displacement or emergency, non-nationals, in
particular those who are stateless, may face difficulties in obtaining food, shelter and other
assistance required, as well as in tracing their families. Children thus very often remain in
orphanages or foster care.
55.
The rights of persons with disabilities and the minority rights of non-nationals are
also often disrespected; for instance, minority non-nationals may face additional challenges
to the realization of their right to enjoy their own culture.
56.
Intimidation and threats to activists involved in nationality-related campaign have
also been reported. States have an obligation to create an enabling environment for the
realization of human rights, which includes the protection of the rights of human rights
defenders involved in such campaigns.
VI. Best practices
57.
In recent years, many countries have repealed or amended discriminatory nationality
provisions in laws and Constitutions. The Committee on the Elimination of Discrimination
against Women and the Committee on the Rights of the Child have welcomed various
instances of such reform or initiation of reform, such as the ones reported in Algeria,
Bangladesh, Belarus, the Democratic Republic of the Congo, Eritrea, Fiji, Gabon, the
Gambia, India, Japan, Kenya, Malawi, Maldives, Malta, Pakistan, Saint Lucia, Samoa,
Singapore, Sri Lanka, Switzerland, Thailand, Uganda and Zambia. 48 Law reform to allow
women to transfer nationality to their children, and in some exceptional cases to their
46
47
48
Ibid., para. 39.
See “My mother is Jordanian and her nationality is my right” campaign in “Jordan: Give women
equal citizenship rights to men”, available from
www.equalitynow.org/take_action/discrimination_in_law_action451.
See also CEDAW/C/COD/CO/5, CEDAW/C/LCA/CO/6, CEDAW/C/ERI/CO/3,
CEDAW/C/MWI/CO/5, CEDAW/C/PAK/CO/3, CEDAW/C/JPN/CO/6, CEDAW/C/LKA/CO/7,
CEDAW/C/BGD/CO/7, CEDAW/C/ZMB/CO/5-6, CEDAW/C/KEN/CO/7, CEDAW/C/DZA/CO/34; and CRC/C/SGP/CO/2-3.
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