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.
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