35. Recalling its general recommendation No. 32 (2014) on the gender-related dimensions of refugee status, asylum, nationality and statelessness of women, and its previous recommendation (CEDAW/C/NPL/CO/6, para. 31), the Committee recommends that the State Party:
(a) Accelerate the adoption of the citizenship bill and ensure that it addresses all types of discrimination against Nepali women and their children;
(b) Repeal articles 11 (5) and 11 (7) of the Constitution that prevent Nepali women from transferring citizenship on an equal basis with men to their children, recognizing the independent right of each parent to transfer citizenship by descent;
(c) Amend article 11 (3) of the Constitution to allow for birth registration by the “father or mother”, rather than the “father and mother”, with a view to preventing statelessness;
(d) Amend article 11 (6) of the Constitution to ensure that Nepali women have the right to transfer citizenship to their spouse on the same terms as Nepali men and remove the requirement of self-declaration and penalties for Nepali mothers to transfer citizenship to their children with unidentified fathers;
(e) Ensure universal birth registration for all children regardless of the legal status of their parents, including for children of stateless women, refugees, migrant women and women sex workers, in line with the Constitution and the State Party’s international human rights obligations;
(f) Ratify the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.
58. The Committee requests the State Party to provide, within two years, written information on the steps taken to implement the recommendations contained in paragraphs 35 (b) and 35 (c) on nationality, and 53 (c) and 53 (e) on marriage and family relations.
Birth registration
Gender
International Instruments
Data Collection/Monitoring/Reporting
Legislative/Judicial/Administrative action