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Kristy A. Belton and Jamie Chai Yun Liew
citizenship, as well as to confer citizenship on their children. Historically, women
were seen as the property of male citizens. As a consequence, they often lost their
birthright citizenship upon marriage to a noncitizen because they were assumed to
have taken on the foreign husband’s citizenship. Although the 1957 Convention on
the Nationality of Married Women prohibited this practice,12 gender discrimination
in nationality laws remains a problem today. Twenty-seven countries deny mothers
the equal right to confer nationality on their children and around fifty have other
gender-discriminatory nationality provisions that place their female citizens on an
unequal footing with their male counterparts. Women’s citizenship history and
experience illustrate the property-like features of citizenship and underscore the
patriarchal current that undergirds it.
The Stateless
Stateless people, or those who are not recognized under the operation of any state’s
nationality law, typically are born and reside within a state that excludes them from
citizenship. More than fifteen million people are estimated to be stateless globally.
They suffer a host of human rights violations and impingements upon their ability to
be self-determining agents because they are citizens of nowhere.13 Although multiple pathways to statelessness exist,14 no international norm exists recognizing a
person’s right to be voluntarily stateless. In fact, international law is clear that each
person should have a citizenship and that before a person is stripped of citizenship,
she or he must have access to another state’s citizenship first.
Even before the Universal Declaration of Human Rights asserted each person’s
right to a nationality, the 1930 Convention on Certain Questions Relating to the
Conflict of Nationality Law established that it was “in the general interest of the
international community to secure that all its members should recognize that every
person should have a nationality.”15 Akin to the later 1961 Convention on the
Reduction of Statelessness, the 1930 Convention does not permit the loss of citizenship unless or until such time that a person acquires another one.16 Despite this,
many states have resisted conferring citizenship on stateless persons, claiming they
12
Convention on the Nationality of Married Women, February 20, 1957, 309 U.N.T.S. 65,
https://treaties.un.org/doc/Treaties/1958/08/19580811%2001-34%20AM/Ch_XVI_2p.pdf.
13
See K. A. Belton, Statelessness in the Caribbean: The Paradox of Belonging in a Postnational
World (Philadelphia: University of Pennsylvania Press, 2017); K. A. Belton, “Statelessness:
A Matter of Human Rights,” in R. Howard-Hassmann and M. Walton-Roberts (eds.), The
Human Right to Citizenship: A Slippery Concept (Philadelphia: University of Pennsylvania
Press, 2015), pp. 31–42.
14
See Belton, Statelessness in the Caribbean, pp. 30–38.
15
Convention on Certain Questions Relating to the Conflict of Nationality Law, July 1, 1937, 179
L.N.T.S. 89.
16
Ibid., art. 7; Convention on the Reduction of Statelessness, August 30, 1961, arts. 5–7.
https://doi.org/10.1017/9781108914994 Published online by Cambridge University Press