into the treaty framework of the developing UN human rights regime, especially the right of
every child to acquire a nationality.24 But it was not until 1997 that the next treaty specific to
nationality was adopted, when the European Convention on Nationality established somewhat
more ambitious provisions than the Convention on the Reduction of Statelessness, followed in
2006 by a European treaty on the Avoidance of Statelessness in relation to State Succession.25
The clearest advance in international law over these decades was the prohibition of
discrimination based on sex in transmission of nationality to children and spouses.
Discrimination based on sex was presumed to be the norm in the League of Nations Convention
on Nationality, and in the Convention on the Nationality of Married Women (adopted in
1957);26 it was finally explicitly prohibited in 1979 by the Convention on the Elimination of
All Forms of Discrimination Against Women (CEDAW).27 Since Karen Knop and Christine
Chinkin surveyed this progress in a comprehensive article at the turn of the twenty-first
century,28 non-discrimination based on sex in nationality matters is now also the norm in the
overwhelming majority of national laws.29 Human Rights Council resolutions condemning such
discrimination are adopted without the need for a vote.30 Even the League of Arab States, in the
region hosting the majority of States that continue to discriminate on the basis of sex in
transmission of nationality, adopted a declaration in 2017 calling for equal rights.31
In relation to the specific rules required to realise the right to a nationality, however, there
is no treaty body or court with oversight of the UN statelessness conventions, nor of the
European treaties, since they are not (as originally proposed) protocols to the European
Convention on Human Rights (ECHR) but, rather, freestanding texts with no designated
oversight body.32 The UN human rights treaties—most importantly the International Covenant
on Civil and Political Rights (ICCPR)33 and the Convention on the Rights of the Child34—do
provide for every child’s right to acquire a nationality, but only in general terms. It was,
therefore, the inclusion within the American Convention on Human Rights35 and the African
24
International Covenant on Civil and Political Rights (adopted 16 December 1966, entered into force 23 March
1976) 999 UNTS 171 (ICCPR), art 24; Convention on the Rights of the Child (adopted 20 November 1989, entered
into force 2 September 1990) 1577 UNTS 3, art 7; International Convention on the Protection of the Rights of All
Migrant Workers and Members of their Families (adopted 18 December 1990, entered into force 1 July 2003)
2220 UNTS 3, art 29; Convention on the Rights of Persons with Disabilities (adopted 13 December 2006, entered
into force 3 May 2008) 2515 UNTS 3, art 18.
25
European Convention on Nationality (adopted 6 November 1997, entered into force 1 March 2000) CETS 166;
European Convention on the Avoidance of Statelessness in relation to State Succession (adopted 19 May 2006,
entered into force 1 May 2009) CETS 200, art 6(2).
26
Convention of the Nationality of Married Women (adopted 20 February 1957, entered into force 11 August
1958) 309 UNTS 65.
27
Convention on the Elimination of All Forms of Discrimination against Women (adopted 18 December 1979,
entered into force 3 September 1981) 1249 UNTS 13 (CEDAW) art 9.
28
K Knop and C Chinkin, ‘Remembering Chrystal MacMillan: Women’s Equality and Nationality in International
Law’ (2001) 22 MichJIL 523.
29
UNHCR, ‘Background Note on Gender Equality, Nationality Laws and Statelessness’ (2025).
30
e.g. UN Human Rights Council, ‘Resolution 20/4: The Right to a Nationality: Women and Children’ (16 July
2012) UN Doc A/HRC/RES/20/4; UN Human Rights Council, ‘Resolution 32/7: Women’s Equal Nationality
Rights in Law and in Practice’ (18 July 2016) UN Doc A/HRC/RES/32/7; UN Human Rights Council, ‘Resolution
53/16: The Right to a Nationality: Equality in Nationality Rights in Law and in Practice’ (24 July 2023) UN Doc
A/HRC/RES/53/16.
31
First Arab Conference on Good Practices and Regional Opportunities to Strengthen Women’s Nationality
Rights, League of Arab States, ‘Final Declaration’ (2 October 2017).
32
See discussion in G-R de Groot, ‘The European Convention on Nationality: A Step towards a Ius Commune in
the Field of Nationality Law’ (2000) 7 MJ 117.
33
ICCPR (n 24).
34
Convention on the Rights of the Child (n 24).
35
American Convention on Human Rights (adopted 22 November 1969, entered into force 18 July 1978), art
20(2). 23 of the 34 Member States of the Organization of American States are parties.