Nationality laws which do not grant women equality with men in conferring
nationality to their children are a cause of statelessness and a concern for
UNHCR under its mandate to prevent and reduce statelessness1. Since 2012,
UNHCR has issued an annual background note on gender equality in legal
provisions in nationality laws which relate to conferral of nationality to
children. This Background Note provides the most up-to-date information
available to UNHCR as of 14 July 2020.
Sixty years ago, the nationality laws of the majority of States did not provide equal
rights to women in nationality matters. This has radically changed for the better since
the adoption in 1979 of the Convention on the Elimination of All Forms of Discrimination
against Women (CEDAW). UNHCR’s survey of nationality legislation2 reveals that
equality between men and women relating to conferral of nationality upon children3
has not yet been attained in 25 countries, and these countries are located in almost all
parts of the world. A significant number of these States are found in the Middle East and
North Africa (twelve countries). Six States in Asia and the Pacific and six States in SubSaharan Africa do not grant mothers equal rights as fathers to confer their nationality
on their children, and the same is the case in two States in the Americas. These States
are listed in the table on page 6 and an analysis of those countries’ laws is presented
on pages 7-10. It is important to note that an additional group of States grant equality
to men and women with regard to the nationality of children but not with regard to
acquisition, change or retention of nationality upon change in civil status.4
Gender inequality in nationality laws can create statelessness where children cannot
acquire nationality from their fathers. This can occur (i) where the father is stateless; (ii)
1
Discrimination between men and women in nationality matters is addressed in a number of international human rights
treaties. Article 9 of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) guarantees
women’s equality (i) with respect to acquisition, change, or retention of their nationality and (ii) their ability to confer nationality
on their children. The International Covenant on Civil and Political Rights and other treaties also address the issue.
2
Note that this information is current as of 14 July 2020.
3
The scope of the survey is limited to issues concerning conferral of nationality by maternal descent to biological
children born as of 14 July 2020. For example, it is known that a number of countries do not allow naturalised mothers to confer
their nationality to their children on the same basis as men. Other countries place limitations on the ability of adoptive mothers
to confer their nationality equally with adoptive fathers. Some countries that have reformed their laws to ensure equal rights
concerning transmission of nationality by mothers and fathers have not done so with retroactive effect, such that children born
before the date of the reform may not be able to acquire nationality from their mothers on the same basis as they can from their
fathers. These examples are not included within the scope of this survey.
4
An assessment undertaken by UNHCR shows that more than 50 States retain such legal provisions.
2
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