CEDAW/C/GC/32
(e) The father has been unwilling to fulfil administrative steps to confer his
nationality or acquire proof of nationality for his children, for example if he has
abandoned the family.
62. Articles 1 to 3 of the Convention also support the right of women to benefit,
on an equal basis with men, from naturalization for themselves and their spouses.
Discrimination against women in this respect impedes the reduction of statelessness.
The same holds true when women are unable to confer their nationality on their
stateless spouses. It may also create further risks of statelessness in the case of
children born out of such unions.
C.
Specific recommendations
63. In the light of the foregoing, the Committee recommends that States parties
that have not already done so:
(a) Review and withdraw their reservations to article 9 of the Convention
because they are incompatible with the object and purpose of the Convention and
thus impermissible under article 28 (2); 57
(b) Review and reform their nationality laws to ensure equality of women
and men with regard to the acquisition, changing and retention of nationality and to
enable women to transmit their nationality to their children and to their foreign
spouses and to ensure that any obstacles to practical implementation of such laws
are removed, in full compliance with articles 1 to 3 and 9 of the Convention;
(c) Repeal laws stipulating the automatic acquisition of nationality upon
marriage or automatic loss of a woman’s nationality as a result of changes in the
marital status or nationality of her husband;
(d) Consider permitting dual nationality where women have married foreign
men, and for the children born of such unions, especially in situations in which legal
regimes providing for dual nationality may lead to statelessness;
(e) Prevent statelessness through legislative provisions making the loss or
renunciation of nationality contingent on possession or acquisition of another
nationality, and allow reacquisition of nationality for women left stateless owing to
the absence of such safeguards;
(f) Promote awareness of recent legal and policy development granting
women equal rights with men to acquire, change or retain their nationality or that
enable women to confer their nationality to their children and their foreign spouses;
(g) Address indirect discrimination in nationality laws that arise, for
example, through naturalization requirements that may be more onerous for women
to meet in practice than for men;
(h) Ratify or accede to the 1954 Convention relating to the Status of
Stateless Persons and the 1961 Convention on the Reduction of Statelessness;
(i) Refrain from adopting and implementing any measures that deprive
women of their nationality and render them stateless;
__________________
57
20/21
General recommendations Nos. 4, 20 and 28.
14-64766