Equal Nationality Rights

Equal Nationality Rights

Bahamian women do not pass on citizenship in the same way as Bahamian men. A Bahamian woman who is married to a non-Bahamian man and gives birth outside of The Bahamas does not automatically pass on her Bahamian citizenship to her child. A Bahamian man in the same circumstance does. The spouse of a Bahamian woman does not have the right to apply for citizenship through marriage, but the spouse of a Bahamian man does. This is due to deliberate gender-based discrimination in the constitution (Articles 8 and 10).

In 2016, a referendum was held on these and other issues. The majority of voters voted against amending Articles 8 and 10 of the constitution to allow Bahamian women to pass on citizenship to their children and spouses. Successive administrations have claimed that they are committed to remedying the issue, but stop short of planning another referendum. The 2017-2021 Minnis-led administration claimed it would deal with the issue through legislation. The 2021-2026 Davis-led administration claimed it would address the issue through legislation when the Privy Council ruled on the issue of Bahamian men passing on citizenship to their children born out of wedlock. The Privy Council ruled, in May 2023, that Bahamian can pass on citizenship to their children and the government has yet to address the gender inequality in nationality law for Bahamian women.

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