A/HRC/19/43 41. Where non-citizenship or statelessness causes difficulties in accessing health-care services, this can also have a disproportionately severe impact on the well-being of women. For example, women may be unable to receive maternal or neonatal care or to benefit from a State’s HIV/AIDS or vaccination programmes. 42. The Human Rights Committee has indicated that while States have the obligation under the International Covenant on Civil and Political Rights to ensure the equal right of men and women to the enjoyment of their Covenant rights, legislation or administrative measures adopted by States to regulate matters other than those dealt with in the Covenant could have a negative effect on the equal enjoyment of human rights by women. For example, the Committee has highlighted the degree to which immigration laws which distinguish between a male and a female citizen may adversely affect the scope of the right of the woman to marriage to non-citizens or to hold public office.67 L. Minority rights 43. Another area in which non-citizens experience difficulties and where the impact of arbitrary deprivation of nationality can be felt is in respect of the enjoyment of minority rights. Although non-citizenship or statelessness should not be a bar to the enjoyment of minority rights under international law, 68 the independent expert on minority issues stated that in practice, some States explicitly reserve the enjoyment of minority rights to citizens. Persons arbitrarily deprived of their nationality face additional challenges to the realization of the right to the protection and promotion of their collective cultural identity, including with regard to the recognition and use of minority languages or the freedom to practice minority religions (A/HRC/7/23, para. 45). 44. In the context of the protection of the rights of minorities, article 2, paragraph 3, of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, persons belonging to minorities have the right to participate effectively in decisions at the national and, where appropriate, regional level concerning the minority to which they belong or the regions in which they live, in a manner not incompatible with national legislation. According to the independent expert on minority issues, denial of citizenship has been used by States to exclude minorities from the enjoyment of their rights. The independent expert, therefore, indicated that States should consider allowing non-citizens belonging to minorities to vote, stand as candidates in local elections and be members of the governing boards of self-governing bodies, while making sure that access to citizenship is regulated in a non-discriminatory manner.69 The Forum on Minority Issues also recommended that where citizenship is a requirement for the exercise of political rights, there should be a reasonable process for attaining such citizenship that is clearly defined, widely communicated and non-discriminatory with regard to race, ethnicity or religion.70 67 68 69 70 Human Rights Committee, general comments No. 4 (1981) on equality between the sexes, para. 3, and No. 28 (2000) on the quality of rights between men and women, para. 31. Article 27 of the International Covenant on Civil and Political Rights; Human Rights Committee, general comments No. 15, para. 7 and No. 23 (1994) on the rights of minorities, para. 5.1; E/CN.4/Sub.2/2003/23, para. 42; Committee on the Elimination of Racial Discrimination, general recommendation No. 30, para. 37. Background document by the independent expert on minority issues, on minorities and effective political participation presented at the second session of the Forum on Minority Issues (A/HRC/FMI/2009/3), para. 37. Recommendations of the second session of the Forum on Minority Issues on minorities and effective political participation (A/HRC/13/25), para. 26. 15

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