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  • Stateless Persons
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Number of results found: 540

Universal Periodic Review (UPR) 4th

Barbados

114.95 Amend relevant laws to ensure all parents can confer nationality on their children, including instances where children are born abroad.

114.95 Amend relevant laws to ensure all parents can confer nationality on their children, including instances where children are born abroad.

Recommending State: Ireland

Born abroad Gender Legislative/Judicial/Administrative action
Universal Periodic Review (UPR) 4th

Burundi

145.139 Repeal or amend all discriminatory provisions in legislation, including article 4 of the Nationality Code and article 122 of the Persons and Family Code. 

145.139 Repeal or amend all discriminatory provisions in legislation, including article 4 of the Nationality Code and article 122 of the Persons and Family Code. 

Recommending State: Latvia

Recommendation Noted

Gender Legislative/Judicial/Administrative action
Committee on the Elimination of Discrimination against Women (CEDAW)

China

30. The Committee recommends that the State party: (...) (c) Regularize the status of women from the Democratic People’s Republic of Korea and other women victims of trafficking who marry, either voluntarily or by forced marriage, or are in an unregistered union and have a child with a...

30. The Committee recommends that the State party:

(...) (c) Regularize the status of women from the Democratic People’s Republic of Korea and other women victims of trafficking who marry, either voluntarily or by forced marriage, or are in an unregistered union and have a child with a Chinese citizen, and ensure that their children obtain birth registration, are eligible for Chinese nationality and have access to education and health care without discrimination and would be allowed to leave China with their mothers who are defectors from the Democratic People’s Republic of Korea).

38. 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) Amend its legislation to recognize dual citizenship, consider ratifying or acceding to the 1961 Convention on the Reduction of Statelessness and adopt a national asylum law that is in conformity with international standards;

(b) Ensure that all women, including refugee, asylum-seeking and migrant women have access to civil registration procedures and basic services, that passports are not confiscated on the basis of ethnic minority status and that national security legislation is not arbitrarily used to do so.

(Forced) migration context Nationality/Identity documentation Birth registration Gender Race/Ethnicity International Instruments
Committee on the Elimination of Discrimination against Women (CEDAW)

Sao Tome and Principe

35. The Committee recommends that the State party: (a) Make the necessary legal amendments to allow for the automatic transfer of nationality from mothers to their children, regardless of where a child is born; (b) Speedily ratify the Convention relating to the Status of Refugees and the...

35. The Committee recommends that the State party:

(a) Make the necessary legal amendments to allow for the automatic transfer of nationality from mothers to their children, regardless of where a child is born;

(b) Speedily ratify the Convention relating to the Status of Refugees and the Convention on the Reduction of Statelessness.

Born abroad Gender International Instruments Legislative/Judicial/Administrative action
Universal Periodic Review (UPR) 4th

Benin

136.239 Eliminate gender-based discrimination in nationality legislation, in particular for children born to Beninese mothers and foreign fathers, and spouses married to Beninese women. 

136.239 Eliminate gender-based discrimination in nationality legislation, in particular for children born to Beninese mothers and foreign fathers, and spouses married to Beninese women. 

Recommending State: Latvia

Recommendation Accepted

Gender Legislative/Judicial/Administrative action
Committee on the Rights of the Child (CRC)

Oman

7. The Committee notes the positive developments in the State party’s legislation, including Ministerial Decision No. 125/2019 issuing the executive regulation of the Law of the Child, and recommends that the State party: (a) Further strengthen its legislation in order to ensure full...

7. The Committee notes the positive developments in the State party’s legislation, including Ministerial Decision No. 125/2019 issuing the executive regulation of the Law of the Child, and recommends that the State party:

(a) Further strengthen its legislation in order to ensure full compliance with the Convention in all areas, including on nationality and minimum age of criminal responsibility;

22. Taking note of target 16.9 of the Sustainable Development Goals, the Committee recalls its previous recommendation and urges the State party:

(a) To amend its laws to grant Omani women equal rights to those of Omani men with regard to the transmission of their nationality to their children and provide adequate safeguards to ensure the conferral of citizenship on children who would otherwise be stateless;

(b) To strengthen efforts to ensure that all births in the State party are registered, including those of children of migrant workers, in cooperation with the States concerned, and of children born to unmarried parents;

(c) To consider becoming party to the Convention relating to the Status of Stateless Persons and the Convention on the Reduction of Statelessness.

37. Recalling the 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 of the Committee on the Rights of the Child (2017), on the general principles regarding the human rights of children in the context of international migration and on State obligations regarding the human rights of children in the context of international migration in countries of origin, transit, destination and return, respectively, the Committee recommends that the State party:

(e) Strengthen coordination between the Office of the United Nations High Commissioner for Refugees and governmental institutions to ensure the provision of assistance and protection for refugee, asylum-seeking and stateless children in line with the Convention on the Rights of the Child.

Protection/Enjoyment of rights Birth registration Gender International Instruments Legislative/Judicial/Administrative action Implementing measures - Other
Committee on the Elimination of Discrimination against Women (CEDAW)

Bahrain

13. (...) (b) Give high priority to its law reform process and to modify or repeal, without delay and within a clear time frame, all discriminatory legislation, including discriminatory provisions in the Penal Code, Family Law and Nationality Law, and to sensitize parliamentarians, religious...

13. (...) (b) Give high priority to its law reform process and to modify or repeal, without delay and within a clear time frame, all discriminatory legislation, including discriminatory provisions in the Penal Code, Family Law and Nationality Law, and to sensitize parliamentarians, religious and community leaders, women human rights defenders and the general public on the need for legislative reform;

35. The Committee recommends that the State party expedite the adoption of the 2014 draft amendment to the Nationality Act and revise it to ensure that Bahraini women have the same right as Bahraini men to transfer their nationality to their children, including when they are married to a foreign spouse. The Committee, in line with its previous recommendation (CEDAW/C/BHR/CO/3, para. 34), recommends that the State party accede to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.

Gender International Instruments Legislative/Judicial/Administrative action
Committee on the Elimination of Discrimination against Women (CEDAW)

Tunisia

18. The Committee recommends that the State party: (...) (b) Accelerate the review of discriminatory provisions in laws such as the Penal Code, the Personal Status Act and the Nationality Code, with a view to bringing them into conformity with the Convention.     36. The Committee...

18. The Committee recommends that the State party:

(...)

(b) Accelerate the review of discriminatory provisions in laws such as the Penal Code, the Personal Status Act and the Nationality Code, with a view to bringing them into conformity with the Convention.

 

 

36. The Committee recommends that the State party amend the Code of Nationality to ensure that Tunisian women have the same rights as Tunisian men regarding the transfer of their nationality to their children and to a foreign spouse, and that a husband’s loss of nationality may not be extended to his wife.

 

52. The Committee recommends that the State party ensure that civil registrars and health care and other service providers provide services without discrimination and refrain from reporting undocumented women of African descent to the immigration authorities, and that civil registrars facilitate birth registration procedures for the children of these women, regardless of their migratory status.

 

54. The Committee recommends that the State party:

(a) Ensure that Amazigh women and men have access to birth certificates and civil registration of Amazigh names for their children, including by providing training to civil registrars and facilitating birth registration procedures. (...)

Loss/Deprivation Birth registration Gender Legislative/Judicial/Administrative action
Committee on the Elimination of Discrimination against Women (CEDAW)

Mauritania

11. (...) (a) Urgently repeal or amend all provisions that discriminate against women, such as articles 307 and 308 of the Penal Code, articles 8, 13 and 16 of the Nationality Code (1961), articles of the Personal Status Code on guardianship, child and forced marriage, polygamy, divorce,...

11. (...) (a) Urgently repeal or amend all provisions that discriminate against women, such as articles 307 and 308 of the Penal Code, articles 8, 13 and 16 of the Nationality Code (1961), articles of the Personal Status Code on guardianship, child and forced marriage, polygamy, divorce, custody and management of property;

19. (...)

(b) Adopt temporary special measures, such as regulatory instruments, policies and practices, outreach and support programmes, allocation of resources, preferential treatment, targeted recruitment, hiring and promotion, and affirmative actions, as well as establish time-bound targets, as a necessary strategy to accelerate the achievement of substantive equality of women and men in all areas covered by the Convention where women are underrepresented or disadvantaged, such as in completion of mandatory schooling, enrolment in vocational training and tertiary education programmes, decreasing illiteracy through campaigns targeting adult and rural women, access to full-time formal employment opportunities, economic and social benefits and insurances, and unhindered access to affordable sexual and reproductive information and services, with particular attention to Haratine women, refugee, stateless and migrant women, women with disabilities, rural women and older women;

25. Recalling general recommendation No. 35, the Committee recommends that the State party:

(a) Urgently submit to the parliament for adoption the draft law on combating violence against women and girls in line with the commitment made by the State party’s delegation during the constructive dialogue to do so in the first half of 2023, also echoed in the third cycle of its universal periodic review, 2 and adopt targeted measures to protect Haratine women, refugee, stateless and migrant women, women with disabilities and rural women;

31. Recalling 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) Raise awareness among civil registrars and the general public of women’s equal rights to transfer their nationality to their children, irrespective of their marital status, and to their foreign spouse, in accordance with article 9 of the Convention, bearing in mind that article 6 of the Nationality Code (1961) provides that all provisions relating to nationality contained in duly ratified and published international treaties and agreements are applicable, even if they run counter to Mauritanian law, as also stipulated in the national Constitution;

(b) Amend articles 8, 13, 16 and 18 of the Nationality Code (1961) to ensure that Mauritanian women have rights equal to those of Mauritanian men to transfer their nationality, including to their children born abroad and to a foreign spouse;

(c) Ensure that all women, irrespective of their marital status, have access to birth registration for their children born in Mauritania, and amend the Personal Status Code to ensure that all women and men are entitled to obtain birth certificates for their children, regardless of their marital status;

(d) Ensure affordable and unbureaucratic access to birth registration and identity documents for Haratine, refugee, asylum-seeking and migrant women and women in rural areas of the south of the State party to guarantee their access to basic services, including education, employment, health care – which includes sexual and reproductive health services – social protection and housing;

(e) Expedite the process of acceding to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness, in line with the commitments that the State party made in the third cycle of the universal periodic review.

Protection/Enjoyment of rights Nationality/Identity documentation Born abroad Birth registration Gender International Instruments Legislative/Judicial/Administrative action Awareness raising/Capacity building/Training
Committee on the Rights of the Child (CRC)

Mauritius

19. Taking note of Sustainable Development Goal target 16.9, the Committee strongly urges the State party to: (a) Strengthen birth registration processes, including as a preventive measure against trafficking and sale of children, by, inter alia: (i) facilitating sharing of hospital records...

19. Taking note of Sustainable Development Goal target 16.9, the Committee strongly urges the State party to:

(a) Strengthen birth registration processes, including as a preventive measure against trafficking and sale of children, by, inter alia: (i) facilitating sharing of hospital records with the civil status offices; and (ii) adequately resourcing the Child Development Unit of the Ministry of Gender Equality and Family Welfare in effectively implementing its mandate to facilitate issuance of birth certificates, also in cases of the tardy declaration of births;

(b) Ensure the issuance of birth certificates for all children born in its territory immediately after their birth, regardless of the immigration status of the children or their parents, including those who have expressed an intention to apply for asylum and those who are undocumented;

(c) Establish a national mechanism for the determination of statelessness, including legal safeguards to grant nationality at birth to children born in the country or adopted by women who would otherwise be stateless;

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

Identification and determination procedures Born on territory Adoption/Surrogacy Birth registration Gender International Instruments Legislative/Judicial/Administrative action