Why we need gender-equal nationality laws — and why now is the time to act

Over 45 countries still deny women equal rights with men to pass on, change, or retain their nationality. These discriminatory laws harm women and their families, fuel statelessness, and contravene international human rights standards. But change is not only possible — it’s urgent.

That’s why Equality Now has launched the “Proposed Select Draft Articles on Nationality Rights to Ensure Gender Equality”, a new legal tool to help governments eliminate gender-based discrimination in nationality and citizenship laws.

Nationality laws that discriminate

In many parts of the world, women cannot confer nationality to their children or spouses on an equal basis with men. Some women lose their nationality upon marriage or divorce. Others face arbitrary barriers to acquiring, changing, or retaining citizenship.

These discriminatory laws often result in statelessness — leaving individuals without access to education, employment, healthcare, or even the ability to travel. For children, it can mean a lifetime without legal identity or protection. For families, it can mean separation and uncertainty.

A legal blueprint for change

The Proposed Select Draft Articles on Nationality Rights outline a clear, human rights-based framework that:

• Guarantees gender-equal nationality rights in law and in practice
• Aligns national legislation with Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the International Covenant on Civil and Political Rights (ICCPR), and other international legal obligations
  

The draft articles were developed with legal experts, advocates, and international partners to serve as a practical resource for reform. They demonstrate that laws ensuring equality in nationality rights are possible. They are not only possible, they already a reality in much of the world – it’s time for the remaining countries with discriminatory laws to catch up.

Why now?

2025 is a pivotal year for gender equality. At the High-Level Political Forum (HLPF) and the UN General Assembly (UNGA), world leaders will review progress on Sustainable Development Goal 5 and the Beijing Platform for Action. Legal equality — including in nationality rights — is central to both.

As governments assess implementation of their commitments to gender equality, the “Proposed Select Draft Articles on Nationality Rights to Ensure Gender Equality” offer a concrete roadmap toward fulfilling them. This is a chance to act decisively and eliminate one of the major remaining forms of legal discrimination against women.

The call to action

Equality Now is calling on:

• Governments to review and reform nationality laws in line with the draft articles
• UN agencies and treaty bodies to hold States accountable for gender discrimination in nationality law
• Civil society organizations to use this resource in their advocacy and legal reform efforts
  

By enshrining gender-equal nationality rights, we can protect families, end statelessness, and ensure that no one is denied their right to belong simply because of their sex.