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WOMEN & GIRLS IN CONFLICT & POST-CONFLICT SITUATIONS:

IMPORTANCE OF NATIONALITY DOCUMENTS, BIRTH REGISTRATION +

 

CEDAW Committee General Recommendation No. 30 on

Women in Conflict Prevention, Conflict & Post Conflict Situations

 

http://www.ohchr.org/Documents/HRBodies/CEDAW/GComments/CEDAW.C.CG.30.pdf

6.Nationality and Statelessness

58.In addition to the heightened risks faced by internally displaced persons, refugees and asylum seekers, conflict can also be both a cause and a consequence of statelessness, rendering womenand girls particularly vulnerable to various forms of abuse in both the private and public domains. Statelessness can arise when a woman’s experience of conflict intersects with discrimination with respect to nationality rights, such as laws that require women to change nationality upon marriage or its dissolution and that deny them the ability to pass on their nationality.

59.Women may be left stateless when they cannot prove nationality because necessary documents such as identity documents and birth registration are either not issued or are lost or destroyed in conflict and are not reissued in their names. Statelessness may also result in situations where women are denied the ability to pass on nationality to their children owing to gender discriminatory nationality laws.

60.There are heightened risks of abuse faced by stateless women and girls in times of conflict because they do not enjoy the protection that flows from citizenship, including consular assistance, and also because many are undocumented and/or belong to ethnic, religious or linguistic minority populations. Statelessness also results in the widespread denial of fundamental human rights and freedoms in post-conflict periods: women may be denied access to health care, employment and other socioeconomic and cultural rights as Governments restrict services to nationals in times of increased resource constraints. Women deprived of a nationality are also often excluded from political processes and from participating in the new government and governance of their country, in violation of articles 7 and 8 of the Convention.

61.The Committee recommends that States parties:

(a)Ensure that measures to prevent statelessness are applied to all women and girls and address populations that are particularly susceptible to being rendered stateless by conflict, such as female internally displaced persons, refugees, asylum seekers and trafficked persons;

(b)Ensure that measures to protect stateless women and girls remain in place before, during and after conflict;

(c)Guarantee conflict-affected women and girls equal rights to obtain documents necessary for the exercise of their legal rights and the right to have such documentation issued in their own names, and ensure the prompt issuance or replacement of documents without imposing unreasonable conditions, such as requiring displaced women and girls to return to their area of original residence to obtain documents; CEDAW/C/GC/30

(d)Ensure individual documentation, including in post-conflict migration flows, of internally displaced women, refugee and asylum-seeking women and separated and unaccompanied girls, and ensure the timely and equal registration of all births, marriages and divorces.