In matters of nationality, account must be taken both of the
legitimate interests of states and those of individuals. One of
the most important legitimate interests of individuals is not to
be discriminated against – in particular, on the grounds of gender.
However, while this principle has been recognized by most states
in theory, in practice discrimination has occurred in the past and
may still occur in some cases.
In order to eliminate any remaining discrimination in Council
of Europe member and observer states, the Assembly should recommend
that the Committee of Ministers:
an in-depth comparative study of the legislation on nationality
in all Council of Europe member and observer states focusing on
equal opportunities between women and men, which would uncover any
distinctions being made on grounds of gender (be they intended or
unintended, or due to the lack of retroactivity of legislation intended
to eliminate discrimination), would highlight best practices and
would make concrete proposals to remedy any shortcomings;
ii. call on the governments and parliaments of member and
observer states to eliminate any possibility of discrimination on
the grounds of gender in their legislation on nationality, if they
have not done so already, and to ensure that such legislation is
doted with full retroactive effect and is applied in a gender-neutral
manner in practice.