A/HRC/23/23
Family Code was reformed in 2002. Following the amendments to the nationality code,
awareness-raising activities were organized to inform women about changes in the law.
69.
Following the amendments to nationality provisions in Egypt, civil society engaged
in a variety of activities, including monitoring the implementation of the new code at both
the executive and judicial levels. Campaign activists also sought and obtained favourable
court rulings against discriminatory practices in the implementation of the law. 57
70.
Other strategies employed by civil society include establishing broad partnerships;
bilateral meetings with members of Parliament and the Government; theatre performances,
roundtables, workshops and petitions; field studies as advocacy tools to provide relevant
stakeholders with first-hand data on the extent and forms of suffering endured by women
and their families; protests and sits-in; and using new technologies, sometimes with support
from international non-governmental organizations, to raise awareness and collect
signatures.58
71.
Civil society in countries such as Malaysia and Jordan have also engaged with
international human rights mechanisms, such as the Committee on the Elimination of
Discrimination against Women, and submitted alternative reports and other relevant
information to promote their cause when their States were examined.59
VII. Conclusions and recommendations
72.
The right to nationality is a fundamental right for everyone – women, men and
children – and must be regarded as such by all States. Equal nationality rights are an
essential dimension of ensuring women’s human rights and crucial to preventing
statelessness. The discretion of States to confer nationality on their citizens is limited
by international law, in particular by international human rights law. Constitutions
and nationality laws must therefore ensure the full enjoyment of women’s equal right
to nationality and introduce safeguards to prevent statelessness. Despite positive
developments in some countries, nationality laws in many others still discriminate
against women. Women and men do not enjoy equal rights to acquire, change and
retain their nationality, and are not allowed to transfer nationality to their children or
spouses on the same basis. Discrimination against women in nationality-related
matters is still prevalent in law and practice. OHCHR therefore recommends that
States and other stakeholders:
(a)
Withdraw all reservations to the Convention on the Elimination of All
Forms of Discrimination against Women that impede women’s enjoyment of their
nationality rights on the same basis as men, in particular their reservations to article
9, and ratify relevant international human rights instruments, including the optional
protocols providing for individual complaints.
(b)
Remove all provisions in Constitutions and nationality laws that
discriminate against women, thereby ensuring full equality between men and women
regarding the acquisition, change and retention of their nationality. In particular,
States should ensure that marriage to a foreigner or a change to the husband’s
nationality during marriage will not automatically change the nationality of the wife,
57
58
59
16
Collective for Research and Training on Development – Action Nationality Campaign.
See for example the contribution of KARAMA/Arab Women Organisation in Jordan and “My mother
is Jordanian” campaign (see footnote 47).
Contributions of Women’s Aid Organisation (Malaysia) and United Nations Relief and Works
Agency for Palestine Refugees in the Near East.