The right to a nationality is a fundamental human right. In addition to other human rights violations, stateless individuals are denied participation in political processes, including the right to vote and run for public office. The higher costs of private healthcare can increase the occurrence of untreated diseases and inhibit preventative healthcare interventions. This prohibition is included in the 1961 Convention on the Reduction of Statelessness (Article 9) and in the American Convention on Human Rights (Articles 20(1) and 24). The American Convention on Human Rights (Article 20(3)) forbids any arbitrary deprivation of nationality. Gender discrimination in nationality laws is one of the primary causes of statelessness, a status whereby an individual is not recognized as a citizen by any country. Gender discrimination in nationality laws can contribute to gender-based violence. The blatant disregard for human rights that are spoken of in the UDHR is also seen through the violation of five other conventions. The fundamental human right of nationality is something that over 10 million individuals, children and adults, are deprived of. Growing Up Stateless: How Statelessness Impacts Children’s Rights, Chaotic Debate Raises Questions Over the Human Rights Implications of 2020 Election, Undocumented women in the age of Coronavirus, Reproductive Health Isn’t making the Cut: Defining Essential Health During a Pandemic In the US, CORONAVIRUS AND HUMAN RIGHTS: Four lessons in crisis vulnerability, The Migrant Protection Protocol program & human rights, H&M: A Corporation with a Conscience?
Sub-Saharan Africa has the highest number of countries with gender discrimination in nationality laws, with roughly a third of these laws found in the region. When a State denies equal nationality rights to women and men, it creates a category of second class citizens. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.” Through having a nationality, citizens are able to travel, attend school, access healthcare, and live without worry of legal discrimination against them.
Roughly half of the countries that deny mothers the equal right to pass citizenship to their children are in the MENA region. In December the Universal Declaration of Human Rights will turn 70 years old. *Countries listed maintain gender discriminatory provisions regarding the right of mothers or fathers to confer nationality on newborn children. Children suffer from being told that they do not truly belong. During the 1990s, statelessness was seen as a domestic legal concern, not a human rights violation or a global issue. According to the Universal Declaration of Human Rights Article 15, “Everyone has the right to a nationality. The violation of human rights and the UDHR, globally, is perpetually seen through how refugees and stateless individuals are treated every day. Many persons affected by gender discrimination in nationality laws experience psychological distress and social marginalization. Ending gender discrimination in nationality laws is critical to eradicating statelessness and is listed as Action #3 in the United Nations High Commissioner for Refugees’ Global Action Plan to End Statelessness by 2024. The right to nationality is guaranteed in numerous human rights instruments, including the Universal Declaration on Human Rights (Article 15), the Convention on the Rights of the Child (Article 7), and the American Convention on Human Rights (Article 20). For example, the Rohingya have lived in Myanmar (Burma) for 80-100 years.
According to the Inter-American Court of Human Rights in the case of Yean and Bosico Girls v. Dominican Republic, these international norms forbid a state, which otherwise grants nationality to everyone born in the territory, from depriving a person of the right to nationality based on the migratory status of his or her parents. The Global Campaign for Equal Nationality Rights. In the 1900s, there were many conventions set in place by the United Nations and countries throughout the world. For example, when foreign men are denied access to their spouses’ nationality, they may be forced to live away from their children due to challenges in acquiring residency permits and obstacles to employment. 0.
Strengthening Discussion, Striving for Progression, The Violation of Human Rights and Conventions, Stateless, Not Powerless: How Stateless Individuals are Fighting for their Rights. Women who have lost their nationality through marriage or whose children do not have access to their mother’s nationality may be less likely to leave an abusive marriage. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.”. On 23 September 2013, in judgment TC/168/13, the Constitutional Court of the Dominican Republic retroactively stripped more than 200,000 persons of Haitian descent of their Dominican nationality. Denying women and men equal nationality rights is a clear form of discrimination based on sex.
Minority Rights Group International campaigns worldwide with around 130 partners in over 60 countries to ensure that disadvantaged minorities and indigenous peoples, often the poorest of the poor, can make their voices heard. conventions, nationality, Nubians, UDHR Sex-discriminatory nationality laws impede children’s access to nationality and family unity, healthcare, and education, in violation of the CRC (Articles 7, 24 and 28 respectively). Statelessness results in wide-ranging and significant human rights violations and hardships that can impact individuals and their families for generations.
Prevented from fully participating in economic, social, and political life, those denied citizenship because of gender discrimination in the law have reported suffering from depression and anxiety, feeling that they are trapped in their situation, often with no means to seek redress.
Some countries excluded from these lists have reformed their nationality law but have not made these reforms fully retroactive. 16914, which purports to offer a path towards ‘naturalization’ for those affected by judgment TC0168/13. Women whose children and husbands are denied her nationality may be forced to provide for the entire family, even when children reach adulthood.
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