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Latest items for CLCW-LAW-1

June 28, 2018, 4:51 p.m.
Countries: Tanzania
Variables: CLCW-LAW-1

"The Committee is concerned about discriminatory provisions in the Tanzania Citizenship Act (1995) with regard to the ability of Tanzanian women to confer their nationality on their foreign spouses. The Committee urges the State party to expeditiously revise the Tanzania Citizenship Act (1995) to ensure that women and men enjoy equal rights to acquire, change, transfer and retain nationality. The State party should also accede to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness" (page 9).
June 26, 2018, 8:46 p.m.
Countries: Jamaica
Variables: CLCW-LAW-1

"Persons outside the country born to or adopted by one or more Jamaican parents, as well as those married to Jamaican spouses, can claim citizenship" (13).
June 21, 2018, 3:52 p.m.
Countries: Thailand
Variables: CLCW-LAW-1

"Notwithstanding the legislative amendments adopted by the State party, the Committee remains concerned that there are still stricter conditions for Thai women to confer their nationality on foreign spouses" (10).
June 7, 2018, 5:24 p.m.
Countries: Taiwan
Variables: CLCW-LAW-1

"PRC-born spouses must wait six years to apply for Taiwan residency, whereas spouses born elsewhere may apply after three years" (14).
June 5, 2018, 6:03 p.m.
Countries: Greece
Variables: CLCW-LAW-1

"Citizenship is derived from one’s parents at birth; a single parent may confer citizenship on a child...On July 9, the parliament amended the law granting citizenship to migrant children born in the country; the previous legislation was deemed unconstitutional by a Council of State decision in 2013. Under the amendment, children born to foreign parents in the country and abroad can apply for citizenship, contingent upon the parents’ legal status in the country and tied to certain educational requirements for the child. For example, a child born in the country to a parent who resided legally in the country for five years prior to the child’s birth qualifies for citizenship...more
June 3, 2018, 5:28 p.m.
Countries: Russia
Variables: CLCW-LAW-1

" By law citizenship derives from parents at birth or from birth within the country’s territory if the parents are unknown or if the child cannot claim the parents’ citizenship," (55).
April 20, 2018, 3:05 p.m.
Countries: Fiji
Variables: CLCW-LAW-1

"Section 5(4) of the Constitution states that citizenship can be acquired through birth, registration or naturalization and can hold multiple citizenship. This means a Fijian woman married a foreigner does not have to renounce her Fiji citizenship upon acquiring her foreign citizenship. Likewise, the same rules of acquiring citizenship apply to spouses of male and female Fiji citizens" (18). "Nationality is critical to full participation in society and without status as citizens; women are deprived of the right to vote or stand for public office and may be denied access to public benefits, education scholarships and choice of residence. Nationality should be capable of change by an adult woman and...more
April 7, 2018, 11:16 a.m.
Countries: Brunei
Variables: CLCW-LAW-1, CLCC-LAW-1, MARR-PRACTICE-6

"The Committee notes with concern that a Bruneian woman who is married to a foreign national is required to submit an application under the Nationality Act in order to transmit her Bruneian citizenship to her children, while the children of a Bruneian father and a non-Bruneian mother automatically acquire such nationality. The Committee is also concerned that the foreign husband of a Bruneian woman and the foreign wife of a Bruneian man do not enjoy equal status when applying for permanent residence status" (Pg 7).
April 6, 2018, 10:56 a.m.
Countries: Kuwait
Variables: CLCW-LAW-1

"To ensure that marriage to a foreign man or the change of her husband’s nationality in the course of the marriage does not result in automatic change of the wife’s nationality or render her stateless, the ministry wishes to clarify the following: 1) Under article 10 of Amiri Decree no. 15 (1959, amended), on Kuwaiti nationality, a Kuwaiti woman who marries a foreigner shall not lose her Kuwaiti nationality unless she acquires the nationality of her husband at her own request. 2) Under article 11 of the said act, if a Kuwaiti man loses his Kuwaiti nationality by electing to become a naturalized citizen of another State, it shall not...more
April 5, 2018, 9:17 p.m.
Countries: Lebanon
Variables: CLCW-LAW-1

"Notwithstanding the detailed explanations given by the delegation, the Committee remains concerned about the State party’s reluctance to withdraw its reservation to the following articles of the Convention: (a) Article 9 (2) on granting women equal rights with men with respect to the nationality of their children. The Committee also notes with concern that the Council of Ministers has repeatedly endorsed the discriminatory provision in Decree No. 15 of 1925 on Lebanese Nationality, establishing that nationality is exclusively based on patrilineal descent" (pg 4).
April 3, 2018, 10:42 p.m.
Countries: Madagascar
Variables: CLCW-LAW-1, CLCC-LAW-1

"The Committee reiterates its concern (see CEDAW/C/MDG/CO/5, para. 24) that the current nationality legislation discriminates against Malagasy women, who cannot transmit their nationality to their foreign or stateless spouse or to their children on an equal basis with men. The Committee notes the efforts made by the State party to increase birth registrations, but is concerned that 20 per cent of births remain unregistered, increasing the risk of statelessness, and about the difficulties faced by women in ensuring the registration of their children. The Committee recommends that the State party: (a) Amend its nationality law to enable Malagasy women to transmit their nationality to their foreign or stateless spouse and...more
March 14, 2018, 6:54 p.m.
Countries: Senegal
Variables: CLCW-LAW-1

"The Committee welcomes the adoption, since the consideration in 1994 of the State party’s second periodic report (CEDAW/C/SEN/2), of the following legislative measures: (a) Law No. 2013-03 of 25 June 2013 allowing women to transmit their nationality to their husband and their children born to a foreign father" (page 2).
March 14, 2018, 12:08 p.m.
Countries: Swaziland
Variables: CLCW-LAW-1, CLCC-LAW-1

"While noting the efforts of the State party to tackle challenges relating to its nationality legislation, the Committee is concerned that both the Constitution and the Citizenship Act contain provisions depriving children born to Swazi women and foreign husbands of nationality, hence increasing their risk of statelessness. The Committee notes that this is discriminatory because it is not applicable where Swazi men marry foreign women. The Committee is also concerned that, under the Constitution, Swazi women married to foreign men cannot transmit their citizenship to their husbands on an equal basis as Swazi men married to foreign women. The Committee recommends that the State party repeal the discriminatory provisions in...more
March 9, 2018, 8:49 a.m.
Countries: Saudi Arabia
Variables: CLCW-LAW-1

"[The cabinent Decision] permits a Saudi woman married to a foreign man to bring her husband to Saudi Arabia from abroad or transfer his employment services to Saudi Arabia if he is resident in Saudi Arabia and so wishes. It also permits the husband to work in the private sector provided he has a recognized passport" (10). "The [Saudi Arabian Nationality Law] states that a Saudi woman need not forfeit her nationality if she marries a foreigner unless she decides to adopt her husband’s nationality according to the pertinent law and so declares. A Saudi woman married to a foreigner may reclaim her Saudi Arabian nationality upon the termination of...more
March 7, 2018, 6:52 p.m.
Countries: Sri Lanka
Variables: CLCW-LAW-1

"The position of absolute equality has been ensured by law and practice. Women have all rights to decide the nationality irrespective of their marriage" (34).
March 5, 2018, 8:53 a.m.
Countries: Costa Rica
Variables: CLCW-PRACTICE-1, CLCW-LAW-1

"As indicated in previous reports of Costa Rica, Costa Rican women enjoy the same rights as men to acquire, change or retain their nationality" (23).
Feb. 28, 2018, 5:36 p.m.
Countries: Kenya
Variables: CLCW-LAW-1

"The Kenya Citizenship and Immigration Act, 2011 provides for dual citizenship (section 8) and for the first time, married women can confer citizenship to their foreign husbands (section 11)" (13). "The constitution (2010) on its chapter on citizenship clearly defines the concept of acquisition and loss of citizenship for Kenyan men and women. More profoundly, it speaks to the fact that citizenship is no lost through marriage or the dissolution of marriage. The law also grants dual citizenship and women are allowed to confer citizenship to their spouses" (24).
Feb. 27, 2018, 11:14 p.m.
Countries: Niger
Variables: CLCW-LAW-1

"A bill has been tabled to revise the Nationality Code in line with the concerns raised in the previous report, in particular as regards the transmission of nationality by female citizens of Niger to their foreign-national spouses. Again, under that bill, a female citizen of Niger who marries a foreign national will enjoy an uncontested right to take her husband’s nationality, and vice versa. The objective of the reform initiated has been to establish equal rights for men and women to to acquire, change or retain Niger nationality. In so doing, the bill seeks to put an end to discrimination against women as regards transmission of Niger nationality to their...more
Feb. 23, 2018, 8:47 p.m.
Countries: Moldova
Variables: CLCW-LAW-1

"Marriage to a stateless person or change of nationality of a spouse shall produce no effects on the citizenship of the other spouse (Article 7 of LCRM). Citizenship of the Republic of Moldova shall be acquired by birth, recognition, adoption, recovery, naturalization (Article 10 of the LCRM)" (Pg 24). 'Marriage to a citizen of the republic of Moldova is a ground for acquiring the citizenship of the Republic of Moldova by naturalization (Article 17of LCRM)" (Pg 24).
Feb. 16, 2018, 9:12 a.m.
Countries: Oman
Variables: CLCW-LAW-1

"The Committee remains concerned, however, about: (a) The strict conditions placed under article 18 of the new law on an Omani mother married to a foreigner who wishes to transmit her nationality to her children, as well as the discriminatory provisions with regard to the naturalization of foreign spouses of Omani women, who are currently required to be married for at least 15 years in order to obtain Omani citizenship, while a foreign wife requires only 10 years of marriage" (10).
Feb. 14, 2018, 11:45 a.m.
Countries: Palestine
Variables: CLCW-LAW-1

"The decree law on general elections also grants foreigners married to Palestinian women or men (with the exception of those bearing Israeli nationality) the right to vote in elections even if they do not have Palestinian identity papers at the time that they register to vote or cast their ballot" (25). "Any person born abroad to Palestinian parents who have the right to reside in occupied Palestine also has the right of residence if that individual returns to Palestine before the legal age of majority. A female Palestinian retains that right even if she marries a non-Palestinian" (32).
Feb. 14, 2018, 11:45 a.m.
Countries: Israel
Variables: CLCW-LAW-1

"In 2005, amendments were made to that Act that allowed women over the age of 25 who are married to residents of Jerusalem or Palestinian holders of Israeli citizenship to obtain a permit to stay with their husbands. The amendments also allowed men over the age of 35 who are married to residents of Jerusalem or Palestinian citizens of Israel to stay with their spouses" (33-34). "In sum, most women married to residents of Jerusalem are prohibited by law from obtaining permanent residence in Jerusalem, as are children who cannot be registered on their Jerusalemite father’s identity card or in the population registry if the mother is a holder of...more
Jan. 26, 2018, 5:38 p.m.
Countries: Jordan
Variables: CLCW-LAW-1

"The Committee notes with appreciation the information provided by the delegation that no cases of statelessness have been reported in the State party, as the Nationality Act (1954) stipulates that a child born to a Jordanian mother and a foreign father has the right to acquire Jordanian nationality if she or he is born in Jordan and the father is either unknown or stateless. This provision includes the children of fathers who are Palestinian refugees" (Pg 11). "The Committee remains concerned, however, that, under the Act, Jordanian women are not entitled to pass their nationality on to their foreign spouses and their children. It is further concerned that the decision...more
Jan. 25, 2018, 9:09 a.m.
Countries: Thailand
Variables: CLCW-LAW-1

"The law bases citizenship on birth to one or both citizen parents, marriage to a citizen man, or naturalization" (30). According to this statement, marriage to a Thai women does not automatically make a foreigner a Thai citizenship. The partner would be required to go through a legal process that still may not result in citizenship. This lack of citizenship may make it impossible for the partner to work legally in Thailand (among other issues with a lack of citizenship) and potentially creates additional responsibilities for the Thai woman (AA-CODER COMMENT). "Women were unable to confer citizenship on their noncitizen spouses in the same way as men" (38).more
Nov. 27, 2017, 11:34 a.m.
Countries: Lebanon
Variables: CLCW-LAW-1, CLCC-LAW-1, DV-LAW-1

"Two of the main struggles feminist organizations in Lebanon have been leading for years are the right for Lebanese women to [pass on] their nationality to their spouse and children, and amending the domestic violence law to improve protections for women" (para 15).
May 24, 2017, 4:06 p.m.
Countries: Bahrain, Bangladesh, Barbados, Benin, Brunei, Burundi, Cameroon, Central African Rep, Comoros, Congo, Egypt, Guatemala, Guinea, Iran, Iraq, Jordan, Kuwait, Lebanon, Lesotho, Libya, Madagascar, Malawi, Malaysia, Mauritania, Mauritius, Morocco, Nepal, Nigeria, Oman, Pakistan, Philippines, Qatar, Saudi Arabia, Sierra Leone, Singapore, Solomon Islands, Somalia, Sudan, Swaziland, Syria, Tanzania, Thailand, Togo, Tunisia, United Arab Emirates, Yemen
Variables: CLCW-LAW-1

"[Nationality laws] discriminate in a women’s ability to confer nationality to spouses and/or acquire, change and retain her nationality" (p 5). Source document does not specify which of these this country is guilty of (RNP - CODER COMMENT)
April 26, 2017, 4:39 p.m.
Countries: Poland
Variables: CLCW-LAW-1

"A child acquires citizenship at birth if at least one parent is a citizen, regardless of where the birth took place" (19).
Jan. 24, 2017, 11:25 a.m.
Countries: Brunei
Variables: CLCW-LAW-1

"Stateless persons may obtain citizenship through an application process if they are permanent residents who have contributed to the country’s economic growth, spouses married to citizens for two years, women married to permanent residents for five years, or children of permanent resident fathers after the age of two years and six months" (11). "Non-citizen husbands of citizens may not apply for permanent resident status until they reside in the country for at least seven years, while non-citizen wives may do so after two years of marriage" (15).
Jan. 10, 2017, 6:36 p.m.
Countries: Sierra Leone
Variables: CLCW-LAW-1

"The Committee notes with concern that women who give birth outside the country cannot transmit their Sierra Leonean nationality to their children, in violation of article 9 (2) of the Convention, should they have acquired another nationality. It also notes with concern that section 7 of the Citizenship Act (as amended in 2006) is facially discriminatory as it refers only to non-Sierra Leonean women married to Sierra Leonean male citizens for the purpose of naturalization, and not to non-Sierra Leonean men married to Sierra Leonean female citizens...The Committee urges the State party to amend the Citizenship Act in order to bring it into full compliance with article 9 of the...more
Jan. 4, 2017, 2:59 p.m.
Countries: Jordan
Variables: CLCW-PRACTICE-1, CLCW-LAW-1

“Women may not petition for citizenship for noncitizen husbands, who may apply for citizenship only after fulfilling a requirement of 15 years’ continuous residency. Once a husband has obtained citizenship, he may apply to transmit citizenship to his children. Such an application could take years, and the government could deny the application. Activists did not identify any obstacles standing in the way of naturalization for men who fulfilled this residency requirement” (23).