Women, Nationality and Citizenship
Report presented by United Nations, Division for the Advancement of Women
Department of Economic and Social Affairs
Download the “Women, Nationality and Citizenship” report (pdf version)
Excerpt from Introduction:
This issue of Women2000 and Beyond considers discrimination against women in nationality laws. It examines laws that differentiate between women and men in the acquisition and retention of nationality, as well as in relation to the nationality of their children, highlighting the legal and practical disadvantages such laws cause.
As the section on “Nationals, citizens, stateless persons and refugees” makes clear, it is the sovereign right of States to devise their own nationality laws and immigration requirements. This section indicates that such laws assign different legal statuses to persons within a State. People may be nationals (citizens); legal aliens (foreigners legally in the State under its immigration laws); illegal aliens; stateless persons (with no state of nationality); asylum-seekers; and refugees. Some of the people in these categories may have more than one nationality. The full advantages of citizenship, including unqualified rights of entry and residency in the State, as well as access to the full range of public benefits and services, are usually accorded only to nationals/citizens.
The next section, “Nationality of married women”, describes the way that gender-based discrimination in nationality laws typically operates. Where a couple has different nationalities prior to marriage, the husband’s nationality may be automatically imposed on his wife upon marriage.Nationality laws can deny a wife’s nationality to her husband, or a husband’s nationality to his wife, unless stipulated conditions are complied with. Where parents have different nationalities, laws can bestow the nationality of the father upon a child, but deny the child her mother’s nationality.
“Addressing discriminatory nationality laws” considers the ways in which international law has been used to address the consequences of the application of discriminatory nationality laws. It outlines the relevant provisions of international instruments, including those relating specifically to the nationality of married women, and pertinent provisions in the human rights treaties. It gives greatest attention to the Convention on the Elimination of All Forms of Discrimination against Women, 1979.
Download the “Women, Nationality and Citizenship” report (pdf version)
Entry Filed under: Research, Legislation, Articles