English - CEDAW Southeast Asia

A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW
V.6 NATIONALITY (ARTICLE 9 OF CEDAW)
V.6.1 OBLIGATIONS UNDER CEDAW
V.6.1.1 Text of CEDAW
ARTICLE 9
(1) States Parties shall grant women equal rights with men to acquire, change or retain their
nationality. They shall ensure in particular that neither marriage to an alien nor change of
nationality by the husband during marriage shall automatically change the nationality of
the wife, render her stateless or force upon her the nationality of the husband.
(2) States Parties shall grant women equal rights with men with respect to the nationality of
their children.
V.6.1.2 General Recommendations
The following excerpt from CEDAW General Recommendation No. 21: Equality in Marriage and
Family Relations (1994) (GR 21) is relevant to Article 9 of CEDAW:
GR 21: Equality in Marriage and Family Relations
Paragraph 6
Nationality is critical to full participation in society. In general, States confer nationality on
those who are born in that country. Nationality can also be acquired by reason of settlement
or granted for humanitarian reasons such as statelessness. Without status as
nationals or citizens, women are deprived of the right to vote or to stand for public office
and may be denied access to public benefits and a choice of residence. Nationality
should be capable of change by an adult woman and should not be arbitrarily removed
because of marriage or dissolution of marriage or because her husband or father
changes his nationality.
V.6.2 SELECTED INDICATORS
As stated clearly by Paragraph 6 of GR 21, nationality is critical to full participation in society.
Policies and laws on nationality must recognize women’s choice in relation to nationality and
not simply treat women as extensions of husbands or as spouses. Also, women must be able
to transmit their nationality to their children, on an equal basis as men.
Bearing in mind the obligations under CEDAW, the selected indicators for nationality are:
Indicator 63
Indicator 64
Do women have an equal right to acquire, change or retain their nationality
(Does marriage to a non-national or change of a husband’s nationality
affect a wife’s nationality)
Do women have equal right to transmit their nationality to their children
191
V.6.3 RELEVANT LEGAL PROVISIONS
Indicator 63
Indicator 64
Do women have an equal right to acquire, change or retain their
nationality (Does marriage to a non-national or change of a
husband’s nationality affect a wife’s nationality)
Do women have equal right to transmit their nationality to their
children
Nationality (Article 9 of CEDAW)