A global survey published by UNHCR in March 2012
identified over 25 countries in which severe pockets of gender discrimination
remain in the nationality law. The emergence of new cases of statelessness thanks
to these laws is a real and pressing concern. To explore this problem in
greater detail, the Statelessness Programme convened a roundtable debate on the
question “how gendered is citizenship?” on 19 April 2012. The objective was to
shed further light on the unequal nationality rights of men and women, with a
particular focus on the link between such forms of discrimination and the
problem of statelessness.
The invited experts were: Prof. Cees Flinterman (CEDAW
/ UN Human Rights Committee), Ms. Radha Govil (UNHCR) and Prof. René de Groot
(comparative nationality law expert). Under the guidance of Sebastian Köhn of
the Open Society Justice Initiative, they discussed the historic origins of the
unequal nationality rights of men and women, before turning to look at the
factors that have contributed to the wave of legal reform that has been
achieved across the globe over the past few decades. They also provided a more
detailed commentary on the link between gender discrimination and
statelessness, the role of various UN bodies in helping states to address these
issues and areas in which further research and action is needed.
A full video of this rich debate has been made
available online and can be viewed here.
Although the film is rather lengthy, we hope that it will be a helpful teaching
resource. Some discussion questions to help guide the viewer or to address in
class following a presentation of the video are provided below.
What is the respective role of UNHCR and the UN
human rights system in promoting gender equality in the enjoyment of
nationality rights?
What
are the different forms of gender discrimination that can be found in the context
of citizenship policy?
How
can gender discrimination in nationality law lead to new cases of
statelessness?
What
are the historic origins of gender inequality in nationality law?
Is
it always women who are disadvantaged when it comes to nationality rights?
What
does human rights law say about the nationality rights of men and women?
Which
countries have recently granted women equal nationality rights with men and how
has this taken shape?
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