53
World Bank 2018a; Kingdom of Jordan, Civil Status Law No. 9 for 2001, Article 20(a).
54
Burkina Faso Campaign Brings 16,000 Women Closer to Voter Registration, at https://www.ndi.org/burkina-faso-birth-
certificates (accessed October 2018).
55
Committee on the Elimination of Discrimination against Women, General Recommendation No. 32 on the gender-related
dimensions of refugee status, asylum, nationality, and statelessness of women, CEDAW/C/GC/32, 14 November 2014, paragraph 53.
56
In this paper, we use the terms nationality and citizenship interchangeably. It is worth noting, however, that the terms slightly
differ, as citizenship is a narrower concept. It is a specific legal relationship between a state and a person that gives certain rights and
responsibilities. In some Latin American countries, for example, Mexico, a person acquires nationality at birth but receives citizenship
when reaching majority at 18. Mexican children, therefore, are nationals but not citizens. “What Is the Difference between Nationality
and Citizenship? The Economist Explains.” July 10, 2017.
57
Reservation to the Convention on the Elimination of All Forms of Discrimination Against Women, Sixteenth session New York,
13–31 January 1997, CEDAW/C/1997/4.
58
For example, in India’s Aadhaar program, ‘foundational’ identification is disconnected from all entitlements, including the
determination of national status (Gelb and Metz 2017).
59
Brunei Nationality Law, 1966, Articles 3 and 4 (c) and (e).
60
Kuwait Nationality Law of 1959, Articles 2 and 3.
61
Decree No. 15 on Lebanese Nationality of 1925, Article 1.
62
Law No. 38 of 2005 on the Acquisition of Qatari Nationality, Article 1(4).
63
Constitution of the Commonwealth of The Bahamas, 2006, Articles 8 and 9(1).
64
The Constitution of Barbados, 1966, Section 5.
65
Constitution of Kiribati, 1979, Article 25.
66
Constitution of Malaysia, 1957, Second Schedule, Part II.
67
The two modes for the acquisition of nationality at birth are jus soli, which provides for the acquisition of nationality based on
birth in the territory of a state, and jus sanguinis, which provides for the acquisition of nationality from one or both parents based on
descent (Fuellerton 2015). The jus soli is the predominant rule in the Americas, but rarely adopted elsewhere.
68
Committee on the Elimination of Discrimination against Women, General Recommendation No. 32 on the gender-related
dimensions of refugee status, asylum, nationality, and statelessness of women, CEDAW/C/GC/32, 14 November 2014, paragraph 61.
69
Brunei Darussalam Nationality Act of 1961, Article 3 and Article 5(6)(B).
70
Islamic Republic of Iran, Civil Code, Article 976.
71
Kuwait Nationality Act of 1959, Article 2.
72
Decree No. 15 on Lebanese Nationality of 1925, Articles 1 and 2.
73
Law No. 38 of 2005 on the Acquisition of Qatari Nationality, Article 1(4).
74
Law No. 28 of 22 December 1962 - Somali Citizenship Act of 22 January 1963, Article 2.
75
Bahrain, Jordan, Libya, and the United Arab Emirates do not allow women to pass their nationality on to their children when the
father is a foreign national (Bahraini Citizenship Act, as amended by Decree Law No. 12 of 1989, Article 4; Jordan Nationality Law No.
6 of 1954, Article 3; Law Number 24 for 2010/1378 on the Libyan Nationality, Articles 2, 3, and 11; United Arab Emirates Law No. 17 for
1972 Concerning Nationality and Passports, Article 2). In Guinea, only the father passes his nationality on to children. The mother is
allowed to pass her nationality on to children only when the father is a foreigner or stateless (Code Civil de la République de Guinée,
Articles 30–32). In Mauritania, mothers can confer nationality on their children only when the father is unknown or stateless. However,
in these cases, children can renounce their nationality at majority, even if this would leave them stateless (Loi No. 1961-112 Portant
Code de la Nationalité Mauritanienne, Articles 8 and 9).
76
Citizenship Act of Bahrain, 1963, as amended by Law 10 of 1981, Article 4(c).
77
Code Civil de la République de Guinée, Article 31.
78
Kingdom of Jordan, Nationality Law No. 6 of 1954, Article 3.
79
Law Number 24 for 2010/1378 on the Libyan Nationality, Article 3.
80
Loi No. 1961-112 Portant Code de la Nationalité Mauritanienne, Article 8(2).
81
United Arab Emirates, Law No. 17 for 1972 Concerning Nationality and Passports, Article 2.
82
Provided that they reside in Iraq at the time of application. Nationality Law No. 26 of 2006, Articles 3 and 4.
83
Kuwait Nationality Act of 1959, Article 2.
84
Law No. 38 of 2005 on the Acquisition of Qatari Nationality, Article 1(4).
85
Law No. 28 of 22 December 1962 - Somali Citizenship Act of 22 January 1963, Article 2.
86
Kuwait Nationality Act of 1959, Article 3.
II. Gender-based legal barriers against women to identification
15