Article 9

Abstract

This chapter illustrates Article 9 of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Article 9 sets out the guarantee of women’s agency in nationality determination processes (acquisition, change, and retention), particularly targeting the situation of married women and ensuring non-discrimination in transmission of women’s nationality to their children. The objective of the provision is to guarantee women’s unfettered exercise of all rights guaranteed by the State party to its citizens and to prevent women and their children from being without any legal identity and rendered stateless as a result of gender-discriminatory nationality laws, policies, and practices. However, women’s rights to equality in nationality remain under threat by States parties’ actions to revoke nationality as a measure of retribution for women’s civic engagement. The CEDAW Committee has condoned depriving any woman of citizenship and, in particular, where citizenship may be revoked on grounds of engagement in a group, a party, or an organization that adopts principles or doctrines which can be interpreted to harm national interests.