Since 2012, UNHCR has issued an annual background note on gender equality in nationality laws related to the conferral of nationality on children. Nationality laws that do not grant women equal rights with men to confer nationality on their children are a cause of statelessness and a concern for UNHCR under its mandate to prevent and reduce statelessness. This background note presents the most up-to-date information available to UNHCR and UN Women as of March 2025.<\/p>\n
Sixty years ago, the laws of most States did not grant women equal rights in nationality matters. This has radically changed for the better since the adoption of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in 1979. However, gender-based inequalities in nationality laws continue to contribute to statelessness. UNHCR and UN Women\u2019s survey of nationality legislation reveals that 24 countries \u2013 across nearly every region \u2013 still deny equal rights to men and women who are nationals at birth in conferring nationality on their biological children. This includes 12 countries in the Middle East and North Africa, 5 in Asia and the Pacific, 5 in Sub-Saharan Africa, and 2 in the Americas. Additionally, in 4 countries, mothers who became nationals later in life do not have equal rights to confer nationality on their children as fathers in the same circumstances, and in 5 countries women do not have the same rights as men to confer nationality on adopted children. These States are listed in the tables on page 9 and 10, with an analysis of their laws provided on pages 10 through 15. The relevant national legislation is listed in the annex on pages 16 to 18.<\/p>\n
Discrimination against women in nationality laws can cause statelessness when children cannot acquire nationality from their fathers. This can occur (i) when the father is stateless; (ii) when the laws of the father\u2019s country restrict the conferral of nationality in certain cases, such as when the child is born abroad or out of wedlock; (iii) when the father is unknown; (iv) when the father is unable to fulfill administrative steps to confer his nationality or obtain proof of nationality for his children \u2013 such as in cases where he has died, been forcibly separated from his family, or faces burdensome documentation requirements; or (v) when the father is unwilling to complete these administrative steps.<\/p>\n
Ensuring gender equality in nationality laws thus helps prevent statelessness and any adverse consequences that may stem from it, including limited access to rights and services, discrimination, and exploitation. It is against this background that UNHCR promotes gender equality in nationality laws as part of its mandate to prevent and reduce statelessness. UN Women is also committed to delivering programs, policies, and standards that protect the essential human right to nationality, and, as a result, ensure that every woman and girl can live up to her full potential. The background note is intended as a roadmap for reform, highlighting that a few simple changes can advance sustainable development and eliminate one of the root causes of statelessness.<\/p>\n
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Out of the 28 countries<\/span><\/span> with nationality laws that contain gender discriminatory provisions in<\/span><\/span> the conferral of nationality on children, 25 are parties to the CEDAW. Only Iran, Somalia,<\/strong> and <\/span><\/span>Sudan<\/strong> are not parties. However, 12 of the parties have made Reservations against Article 9(2)<\/span><\/span> or to the entirety of Article 9.<\/span><\/span> The countries with discriminatory nationality laws that are parties<\/span><\/span> to CEDAW without a Reservation against Article 9(2) are: Barbados, Burundi<\/strong>, the Dominican<\/span><\/span> Republic, Eswatini<\/strong>, Iraq, Kiribati, Libya<\/strong>, Madagascar<\/strong>, Mauritania<\/strong>, Mauritius<\/strong>, Nepal and Yemen.<\/span><\/span><\/p>\n