A/HRC/40/71
85.
It was pointed out that in some countries women are still not able to confer their
nationality upon their children, which further aggravates the situation and in some instances
increases cases of statelessness. The necessity of advancing gender equality in nationality
laws was therefore emphasized. That should take place by first recognizing that provisions
in nationality laws that directly discriminate against women are one of the main causes of
statelessness and that it is necessary to eliminate them. It was recalled that the Convention
on the Elimination of All Forms of Discrimination against Women explicitly requires States
to grant equal nationality rights to women and men and that article 7 of the Convention of
the Rights of the Child reaffirms the child’s right to a nationality.
86.
Nevertheless, it was necessary to take the debate beyond explicit legal discrimination
to understand the subtler forms of indirect discrimination in the way seemingly neutral laws
were implemented in practice. Panellists stressed the multiple and intersecting disadvantages
faced by stateless minority women and children. They highlighted the importance of having
disaggregated data on statelessness based on age and gender.
87.
Participants also emphasized that stateless minority children were specifically
affected by marginalization and faced education barriers, especially those who did not speak
the official language of the country. Stateless children also faced marginalization and
difficulties in accessing basic human rights due to their status as children and statelessness.
Participants stressed the importance of immediate naturalization of children born to stateless
parents.
B.
Recommendations
Addressing statelessness affecting children
88.
States should register all children and issue birth certificates immediately after
birth. States should grant nationality to all children born on their territory if the child
would otherwise be stateless, regardless of the immigration status of the parents.
89.
States should ensure that stateless children facing language barriers can access
education without discrimination.
90.
States should ensure full compliance with the Convention on the Rights of the
Child, in particular its article 7, and remove all reservations to it.
91.
States should ensure that stateless children with disabilities enjoy the same rights
to birth registration, naturalization and citizenship as all other children.
92.
States should collect disaggregated data on stateless children with the aim of
ending their statelessness as well as prevent any abuse or exploitation of stateless
children because of their statelessness and exaggerated vulnerability.
Addressing statelessness through promoting gender equality
93.
States should ratify or accede to the Convention on the Elimination of All Forms
of Discrimination against Women and remove any reservations to it, in particular its
article 9. States should ensure that women enjoy equal rights with men to acquire,
change or retain their nationality as well as equal rights with men with respect to
conferring their nationality upon their children.
94.
States should combat discrimination against women in practice, with particular
emphasis on and steps addressing the aggravating effect of such discrimination for
stateless minority women and their right to a nationality.
95.
States should also recognize and effectively address the multiple and intersecting
forms of discrimination faced by stateless minority women in accessing human rights,
in particular in accessing sexual and reproductive health and rights, as well as access to
a remedy in case of violence and abuse.
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