Gender Discrimination in Nationality Laws: Human Rights Pathways to Gender Neutrality

Abstract

Sixty years ago, it was the norm for men and women to be treated differently under countries’ nationality laws. Nationality was a status that derived from the male head of household and women did not hold equal or independent nationality rights. Today, only a small minority of countries worldwide continue to uphold this discrimination, preventing women from passing on their nationality to their children or spouse on an equal basis with men. Yet the consequences of these unequal systems for affected families are significant, not just in terms of rights and status but also wellbeing and security. The state too is held back, when a section of the population is excluded from fully participating in society as a product of discriminatory nationality regimes. The recognition of these impacts by the Convention on the Elimination of Discrimination Against Women, and other human rights mechanisms, combined with the actions of national women’s rights groups are creating a pathway to global reforms and the promise of a future free of gender discriminatory nationality laws.