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  • Stateless Persons
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Number of results found: 2020

Committee on the Elimination of Discrimination against Women (CEDAW)

Yemen

27.      In line with its General Recommendation no. 38 (2020) on Trafficking in Women and Girls in the Context of Global Migration, the Committee urges the State party to: (f)       Prosecute and adequately punish any person perpetuating slavery, ensuring enslaved women and girls are...

27.      In line with its General Recommendation no. 38 (2020) on Trafficking in Women and Girls in the Context of Global Migration, the Committee urges the State party to:

(f)       Prosecute and adequately punish any person perpetuating slavery, ensuring enslaved women and girls are immediately freed, issued identification documentation and provided with long-term rehabilitation services.

33. In line with its general recommendation No. 32 (2014) on the gender-related dimensions of refugee status, asylum, nationality and statelessness of women, the Committee recommends that the State party:

(a) Repeal the discriminatory sections of the Nationality Law to ensure that women and men enjoy equal rights, in law and in practice, to acquire, transfer, retain and change their nationality, in line with article 9 of the Convention, including the right to transmit it to their children, as naturalized Yemeni citizens, and with respect to non-national spouses; ensuring this includes full retroactive implementation of the law and the abolishment of any additional requirements placed on Yemeni women to acquire prior ministerial approval with respect to nationality;

(b) Repeal article 4.B of the Nationality Law, which discriminates against children with disabilities;

(c) Issue directives to officials issuing official identity documents that women do not require the accompaniment of a male guardian to access the services;

(d) Expedite procedures to provide civil documentation to all groups in a situation of disadvantage, including internally displaced persons, and step up efforts to raise awareness among this population of their human rights and their right to access public services;

(e) Collect disaggregated data on the extent of statelessness in the State party; and

(f) Consider ratifying the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.

48. The Committee recommends that the State party:

(...)

(b) Raise awareness among the general public of the rights of the Al Muhamasheen community, ensure they are issued national identification, including birth certificates, with which they can access unrestricted public services equal to other Yemeni citizens, and strictly penalize all acts of discrimination committed against them.

Nationality/Identity documentation Birth registration Gender Disability International Instruments Data Collection/Monitoring/Reporting Legislative/Judicial/Administrative action
Committee on the Elimination of Discrimination against Women (CEDAW)

Russia

35. The Committee recommends that the State party:  (a) Effectively implement the laws on citizenship and legal status of foreign nationals throughout its territory so that women can acquire Russian nationality and register the birth of children, particularly refugee and asylum seeking...

35. The Committee recommends that the State party:

 (a) Effectively implement the laws on citizenship and legal status of foreign nationals throughout its territory so that women can acquire Russian nationality and register the birth of children, particularly refugee and asylum seeking women, migrant women, Roma women and rural women, in line with the Committee’s general recommendation No. 32 (2014) on the gender-related dimensions of refugee status, asylum, nationality and statelessness of women;

(b) Ratify the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.

(Forced) migration context Birth registration Gender Race/Ethnicity International Instruments Legislative/Judicial/Administrative action
Committee on the Elimination of Discrimination against Women (CEDAW)

Sweden

29. (...) However, the Committee notes with concern that approximately 14,000 stateless persons, including many women and girls, are currently living in the State party. It further notes with concern that children, including girls, who are born stateless in the State party must apply for...

29. (...) However, the Committee notes with concern that approximately 14,000 stateless persons, including many women and girls, are currently living in the State party. It further notes with concern that children, including girls, who are born stateless in the State party must apply for citizenship before reaching adulthood.

30. Recalling its general recommendation No. 32 (2014) on the gender-related dimensions of refugee status, asylum, nationality and statelessness of women, the Committee recommends that the State party adopt legislative and policy measures for the reunification of families and ensure equal access to health, legal and social services to mothers of stateless children. It further recommends that the State party systematically collect data, disaggregated by sex, age and gender, on the extent of statelessness in the State party.

Protection/Enjoyment of rights Data Collection/Monitoring/Reporting Legislative/Judicial/Administrative action
Committee on the Elimination of Discrimination against Women (CEDAW)

Indonesia

38. The Committee recommends that the State party ensure that Indonesian nationality is conferred to children born to an Indonesian and a non-Indonesian parent before 2006, with a view to preventing statelessness.

38. The Committee recommends that the State party ensure that Indonesian nationality is conferred to children born to an Indonesian and a non-Indonesian parent before 2006, with a view to preventing statelessness.

Discrimination - Other
Committee on the Elimination of Discrimination against Women (CEDAW)

South Sudan

31. The Committee recalls its General Recommendation No. 38 (2020) on trafficking in women and girls in the context of global migration and recommends that the State party: (a) Strengthen the accessibility and affordability of civil registration procedures, such as the prompt issuance birth...

31. The Committee recalls its General Recommendation No. 38 (2020) on trafficking in women and girls in the context of global migration and recommends that the State party:

(a) Strengthen the accessibility and affordability of civil registration procedures, such as the prompt issuance birth and marriage certificates throughout the State party to strengthen age verification, with a view to preventing certain forms of trafficking;

(...)

35. In line with its general recommendation No. 32 (2014) on the gender-related dimensions of refugee status, asylum, nationality and statelessness of women, the Committee recommends that the State party:

(a) Ensure that women are not subject to any additional requirements to prove their identity to authorities issuing national identification;

(b) Facilitate birth registration through the use of modern information and communication technologies, simplify and ensure affordable birth registration procedures, and strengthen mobile teams to issue birth certificates in rural and remote areas;

(c) Collect data on stateless women and girls, disaggregated by age, ethnicity and disability; and

(d) Ratify the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.

Nationality/Identity documentation Birth registration Gender International Instruments Data Collection/Monitoring/Reporting
Committee on the Elimination of Discrimination against Women (CEDAW)

Egypt

32. Recalling its previous recommendation (CEDAW/C/EGY/CO/7, para. 38), the Committee recommends the State party to ensure gender equality by eliminating any obstacles or delays faced by Egyptian women in transferring their nationality to their foreign husbands and children and the...

32. Recalling its previous recommendation (CEDAW/C/EGY/CO/7, para. 38), the Committee recommends the State party to ensure gender equality by eliminating any obstacles or delays faced by Egyptian women in transferring their nationality to their foreign husbands and children and the registration of their birth.

Birth registration Gender
Committee on the Elimination of Discrimination against Women (CEDAW)

Kyrgyzstan

30. Recalling its general recommendation No. 32 (2014) on the gender-related dimensions of refugee status, asylum, nationality and statelessness of women, the Committee recommends that the State party: (a) Review the Law on Citizenship and other relevant legislation and regulations to...

30. Recalling its general recommendation No. 32 (2014) on the gender-related dimensions of refugee status, asylum, nationality and statelessness of women, the Committee recommends that the State party:

(a) Review the Law on Citizenship and other relevant legislation and regulations to ensure that stateless women, women of undetermined nationality, Mugat or Lyuli women, and their children, have adequate access to birth registration and identity documents, including in rural areas, and to Kyrgyz nationality;

(b) Ensure that girls and boys born in the territory of the State party are registered at birth and have access to Kyrgyz nationality and identity documents, regardless of their parents’ consent or nationality, residence and marital status and that loss or renunciation of nationality is contingent on the possession or acquisition of another nationality;

(c) Expand the statelessness status determination procedure to recent arrivals and provide identity documents to persons considered as stateless; and

(d) Ratify the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.

Lack of documents/Access to documentation Identification and determination procedures Remedy/Reparation Loss/Deprivation Nationality/Identity documentation Born on territory Birth registration Gender Race/Ethnicity Discrimination - Other International Instruments Legislative/Judicial/Administrative action
Committee on the Elimination of Discrimination against Women (CEDAW)

South Africa

42. The Committee recommends that the State party: (a) Facilitate access to birth registration and identity documents for women and girls living in rural areas and informal settlements in urban areas through affordable and easy procedures, including online and through mobile civil...

42. The Committee recommends that the State party:

(a) Facilitate access to birth registration and identity documents for women and girls living in rural areas and informal settlements in urban areas through affordable and easy procedures, including online and through mobile civil registration units, with a view to ensuring their access to basic services and COVID-19 vaccinations; and

(b) Amend the Births and Deaths Registration Act, 1992 (Act No.51) to ensure that children of undocumented women do not become stateless.

Nationality/Identity documentation Birth registration Gender Legislative/Judicial/Administrative action
Committee on Economic, Social and Cultural Rights (CESCR)

Kuwait

17. The Committee recommends that the State party take measures to expedite the implementation of its previous recommendations to find a permanent solution to the status of Bidoon, so as to enable them to fully enjoy their rights under the Covenant. 19. The Committee recommends that the...

17. The Committee recommends that the State party take measures to expedite the implementation of its previous recommendations to find a permanent solution to the status of Bidoon, so as to enable them to fully enjoy their rights under the Covenant.

19. The Committee recommends that the State party:

(a) Remove provisions from its laws that discriminate against women and girls, including provisions that restrict women from conferring their nationality to their non-Kuwaiti spouses or children and from passing on inheritance to their children;

33. The Committee recommends that the State party ensure access to health care for all without discrimination, including by putting in place administrative procedures to enable all Bidoon to obtain the identity documents required for such access. 

35. The Committee calls upon the State party to:

(a) Ensure that primary education is made available for free for all children in the State party, including non-Kuwaiti children, on an equal footing with Kuwaiti children, without discrimination, including for Bidoon children;
 

Protection/Enjoyment of rights Lack of documents/Access to documentation Gender Legislative/Judicial/Administrative action
Committee on Migrant Workers (CMW)

Azerbaijan

36. The Committee recommends that the State party, in accordance with its general comment No. 5 (2021) on migrants’ rights to liberty, freedom from arbitrary detention and their connection with other human rights: (c)           Ensure that: (iv) In line with its human rights obligations,...

36. The Committee recommends that the State party, in accordance with its general comment No. 5 (2021) on migrants’ rights to liberty, freedom from arbitrary detention and their connection with other human rights:

(c)           Ensure that:

(iv) In line with its human rights obligations, alternative measures to detention are considered and made use of before imposing detention measures. The Committee understands as alternatives to detention all community-based care measures or non-custodial accommodation solutions – in law, policy or practice – that are less restrictive than detention and which must be considered in the context of lawful detention decision procedures to ensure that detention is necessary and proportionate in all cases, with the aim of respecting the human rights and avoiding arbitrary detention of migrants, asylum seekers, refugees and stateless persons;

46.         In line with joint general comments No. 3 and No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 22 and No. 23 (2017) of the Committee on the Rights of the Child on the human rights of children in the context of international migration, and in accordance with target 16.9 of the Sustainable Development Goals, the Committee recommends that the State party:

               (a)          Ensure that all children of Azerbaijani migrant workers abroad and children born on the territory of the State party, in particular children born to migrants in an irregular situation and asylum-seekers, are registered at birth and issued personal identity documents and that it raise awareness on the importance of birth registration among them;

               (b)          Establish an effective statelessness determination procedure with specific procedural considerations and safeguards given the critical role of nationality for all people, including migrant workers and members of their families, and provide information, including statistics, in its next periodic report on the extent of the phenomenon.

Detention Identification and determination procedures (Forced) migration context Nationality/Identity documentation Born on territory Born abroad Birth registration Data Collection/Monitoring/Reporting