CEDAW/C/GC/32
disproportionate and negative impact on the enjoyment of the right to nationality by
women. Women continue to be more likely than men to seek to change their
nationality to that of their foreign spouse upon marriage to a foreigner and are
therefore at greater risk of statelessness if there is a gap in nationality legislation
that allows or requires them to renounce their nationality without having acquired or
received assurances that they will acquire the nationality of the spouse. The
prohibition of dual nationality in many nationality laws increases the likelihood of
statelessness. In many instances, women are not allowed to transmit their nationality
to their foreign husbands. Sex- and gender-based discrimination in nationality laws
continues to have a significant and detrimental impact on the enjoyment by women
and their children of their human rights. Gender inequality persists in the nationality
laws and practices of a significant number of countries and can lead to women
becoming stateless. Gender inequality can also render children stateless when their
mothers are prevented, on an equal basis with fathers, from transmitting their
nationality to their children. In this way, discrimination against women can lead to a
cycle of statelessness that can be perpetuated from generation to generation. 53
55. Naturalization requirements may also indirectly discriminate against women
because they may require the fulfilment of conditions or criteria that may be more
difficult to meet for women than for men, such as acquiring proficiency in a host
State’s language, which may be more difficult for women, including stateless
women, who have suffered prior or current impediment of their right of access to
formal education. Other requirements such as economic self-sufficiency or property
ownership may also be more difficult for women to meet as individuals. Situations
of statelessness following marriage to a foreigner and naturalization requirements,
as mentioned in paragraph 54 above, can lead to women being dependent on men
economically, socially, culturally and linguistically and, in turn, expose women to
an increased risk of exploitation.
56. Birth registration is also closely linked to the enjoyment by women and their
children of the right to a nationality. Birth registration provides proof of a person’s
identity and acquisition of nationality based either on descent (jus sanguinis) or
place of birth (jus soli). In practice, indirect discrimination, cultural practices and
poverty often make it impossible for mothers, especially unmarried mothers, to
register their children on an equal basis as fathers. Failure to register a child’s birth
may impair or nullify the child’s effective enjoyment of a range of rights, including
the right to nationality, to a name and identity, to equality before the law and to
recognition of legal capacity.
57. Discriminatory laws or practices may lead to women and their children being
unable to gain access to documentation that proves their identity and nationality. In
the absence of proof of identity and nationality, a woman and her children may be
faced with restrictions on freedom of movement, problems gaining access to
diplomatic protection, prolonged detention pending determination of proof of
identity and nationality and, ultimately, to a situation in which no State considers
them to be nationals and they are rendered stateless.
58. Given the critical importance of nationality to the full participation of women
in society, 54 the significant number and nature of reservations made by some States
__________________
53
54
18/21
UNHCR, “Guidelines on statelessness No. 4: ensuring every child’s right to acquire a
nationality”, paras. 13-15 (see footnote 6 above).
See general recommendation No. 21, para. 6.
14-64766