View source for Convention on the Nationality of Married Women

The '''Convention on the Nationality of Married Women''' is an international convention passed by the United Nations General Assembly in 1957. It entered into force in 1958 and as of 2013 it has 74 state parties.

==Background==
Before the ''Convention on the Nationality of Married Women'', no legislation existed to protect married women's right to retain or renounce national citizenship in the way that men could. Women's rights groups recognized a need to legally protect the citizenship rights of women who married someone from outside their country or nationality. The [[League of Nations]], the international organization later succeeded by the [[United Nations]], was lobbied by women's rights groups during the early 20th century to address the lack of international laws recognizing married women's rights of national citizenship. The [[Conference for the Codification of International Law]], held at [[The Hague]] in 1930, drew protests from international women's rights groups, yet the League declined to include legislation enforcing married women's nationality rights. The League took the position that it was not their role, but the role of member states, to deal with equality between men and women.<ref>{{cite book|last=Berkovitch|first=Nitza|title=From Motherhood to Citizenship: Women's Rights and International Organizations|year=1999|publisher=JHU Press|isbn=9780801860287|pages=80}}</ref>

The International Women's Suffrage Alliance (IWSA, later renamed the [[International Alliance of Women]]) launched a telegram campaign in 1931 to pressure the League of Nations to address the lack of legislation. Women from around the world sent telegrams to the League of Nations as a protest. The League made the concession of creating an unfunded Consultative Committee on Nationality of Women.<ref>{{cite book|last=Berkovitch|first=Nitza|title=From Motherhood to Citizenship: Women's Rights and International Organizations|year=1999|publisher=JHU Press|isbn=9780801860287|pages=80}}</ref>

The [[Pan-American Conference]] in [[Montevideo]] passed a ''[[Convention on the Nationality of Women]]'' in 1933.<ref name="umn.edu/">{{cite web|title=Convention on the Nationality of Women, O.A.S. Treaty Series No. 4, 38, entered into force Aug. 29, 1934|url=https://www1.umn.edu/humanrts/instree/uruguay1933.html|publisher=University of Minnesota Human Rights Library|accessdate=28 February 2016}}</ref> It was passed by the Pan American Conference at the same time as the ''Treaty on the Equality of Rights Between Men and Women''. These were the first pieces of international law to "explicitly set sexual equality as a principle to be incorporated into national legislation"<ref>{{cite book|last=Berkovitch|first=Nitza|title=From Motherhood to Citizenship: Women's Rights and International Organizations|year=1999|publisher=JHU Press|isbn=9780801860287|pages=81}}</ref> which was required of countries ratifying the convention and treaty. Lobbying by the [[American National Women's Party]] has been credited with this legislation.<ref>{{cite book|last=Berkovitch|first=Nitza|title=From Motherhood to Citizenship: Women's Rights and International Organizations|year=1999|publisher=JHU Press|isbn=9780801860287|pages=82}}</ref> However, neither the [[International Labour Organization]] (ILO) nor the League of Nations passed any legislation on the issue during the interwar years.

==Entry into Force==
The issue of the nationality of married women was a leading women's rights issue facing the [[United Nations]] after its establishment. The [[United Nations Commission on the Status of Women]] was created, and made it a priority of their agenda, launching a study in 1948. The Commission recommended to the United Nations Economic and Social Council that legislation be drafted to give women equal rights as set out in Article 15 of the [[Universal Declaration of Human Rights]].<ref>{{cite book|last=Joyce|first=James Avery|title=Human Rights: International Documents, Volume 1|year=1978|publisher=Brill Archive|isbn=9789028602984|pages=183}}</ref> The ''Convention on the Nationality of Married Women'' entered into force on August 11, 1958.

As of 2013, the convention has been ratified by 74 states. It has been denounced by the ratifying states of [[Luxembourg]], [[Netherlands]], and [[United Kingdom]].

==Purpose==
The Convention was concluded in the light of the [[conflict of laws|conflicts of law]] on [[nationality]] derived from provisions concerning the loss or acquisition of [[nationality]] by women as a result of [[marriage]], [[divorce]], or of the change of [[nationality]] by the husband during [[marriage]]. It allows women to adopt the nationality of their husband based upon the woman's own decision, but does not require it.<ref>{{cite book|last=Kinnear|first=Karen L.|title=Women in Developing Countries: A Reference Handbook|year=2011|publisher=ABC-CLIO|isbn=9781598844252|pages=179}}</ref>

The Convention seeks to fulfill aspirations articulated in Article 15 of the [[Universal Declaration of Human Rights]] that 'everyone has a right to a [[nationality]]' and 'no one shall be arbitrarily deprived of his [[nationality]] nor denied the right to change his [[nationality]]'.

==Key principles==
<blockquote>Article 1
* Woman's [[nationality]] not to be automatically affected by [[marriage]] to an [[Alien (law)|alien]].

Article 2
* Acquisition or renunciation of a [[nationality]] by a husband not to prevent the wife's retention of her [[nationality]].

Article 3
* Specially privileged nationality procedures to be available for wives to take the nationality of their husbands.</blockquote>

==See also==
*[[Citizenship]]
*[[Statelessness]]
*[[Statelessness Reduction Convention]]

==References==
{{Reflist}}

==External links==
* [http://treaties.un.org/doc/Treaties/1958/08/19580811%2001-34%20AM/Ch_XVI_2p.pdf Full Convention Text]
*[http://treaties.un.org/pages/ViewDetailsIII.aspx?&src=TREATY&mtdsg_no=XVI~2&chapter=16&Temp=mtdsg3&lang=en Signatures and ratifications].

{{DEFAULTSORT:Nationality of Married Women Convention}}
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