Women and Nationality Laws in the GCC States Gender Discrimination and Violation of Constitutional Rights

Abstract

The paper reviews the situation of a number of GCC states where women married to non-national husbands find themselves and their children in a unique and un-justiciable position. The paper systematically reviews constitutional provisions for equality, and looks at the case law in these states that promise gender equality for all before the law.  But it notes that a major exception in all GCC states is that of the right of women married to non-national men, to pass nationality to their children. The objectives of this article rest on proving that nationality laws of the GCC States appertaining to the practice of not allowing national women married to foreign men to pass nationality to their children is breaching a constitution rules. The study adopted a comparative and analytical approach, where the relevant data have been analyzed; this includes constitutional laws, nationality laws, case law of the high courts in the GCC States as well as books and articles. This study has shown that although all GCC States have declared in their constitutions that rights and freedoms are ensured and guaranteed, in practice, the story is different: the right of gender equality and right of litigation are being violated. This study has demonstrated that rules on acquisition of nationality in the GCC States involves clear discrimination against national women. Such a situation undoubtedly beaches the constitutional provisions of equality, and therefore should be amended. In a situation of developing human rights awareness in the GCC states, this paper explores how there appears to be an exception, in the form of nationality rights for women and children.  The paper reviews the situation of a number of GCC states where women married to non-national husbands find themselves and their children in a unique and un-justiciable position. The paper systematically reviews constitutional provisions for equality, and looks at the case law in these states that promise gender equality for all before the law.  But it notes that a major exception in all GCC states is that of the right of women married to non-national men, to pass nationality to their children. The paper asks if this anomaly is still justified in the 21st century. The objectives of this article rest on proving that nationality laws of the GCC States appertaining to the practice of not allowing national women married to foreign men to pass nationality to their children is breaching a constitution rules. The study adopted a comparative and analytical approach, where the relevant data have been analyzed; this includes constitutional laws, nationality laws, case law of the high courts in the GCC States as well as books and articles. This study has shown that although all GCC States have declared in their constitutions that rights and freedoms are ensured and guaranteed, in practice, the story is different: the right of gender equality and right of litigation are being violated. This study has demonstrated that rules on acquisition of nationality in the GCC States involves clear discrimination against national women. Such a situation undoubtedly beaches the constitutional provisions of equality, and therefore should be amended.