2.
States parties shall grant women equal rights with men with respect to the nationality
of their children.
Comment
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.
Article 15
1.
States parties shall accord to women equality with men before the law.
2.
States parties shall accord to women, in civil matters, a legal capacity identical to
that of men and the same opportunities to exercise that capacity. In particular, they shall give
women equal rights to conclude contracts and to administer property and shall treat them equally
in all stages of procedure in courts and tribunals.
3.
States parties agree that all contracts and all other private instruments of any kind
with a legal effect which is directed at restricting the legal capacity of women shall be deemed
null and void.
4.
States parties shall accord to men and women the same rights with regard to the law
relating to the movement of persons and the freedom to choose their residence and domicile.
Comment
7.
When a woman cannot enter into a contract at all, or have access to financial credit, or can
do so only with her husband’s or a male relative’s concurrence or guarantee, she is denied legal
autonomy. Any such restriction prevents her from holding property as the sole owner and
precludes her from the legal management of her own business or from entering into any other
form of contract. Such restrictions seriously limit the woman’s ability to provide for herself and
her dependants.
8.
A woman’s right to bring litigation is limited in some countries by law or by her access to
legal advice and her ability to seek redress from the courts. In others, her status as a witness or
her evidence is accorded less respect or weight than that of a man. Such laws or customs limit
the woman’s right effectively to pursue or retain her equal share of property and diminish her
standing as an independent, responsible and valued member of her community. When countries
limit a woman’s legal capacity by their laws, or permit individuals or institutions to do the same,
they are denying women their rights to be equal with men and restricting women’s ability to
provide for themselves and their dependants.
9.
Domicile is a concept in common law countries referring to the country in which a person
intends to reside and to whose jurisdiction she will submit. Domicile is originally acquired by a
child through its parents but, in adulthood, denotes the country in which a person normally
resides and in which she intends to reside permanently. As in the case of nationality, the
examination of States parties’ reports demonstrates that a woman will not always be permitted at
law to choose her own domicile. Domicile, like nationality, should be capable of change at will