IV. Main areas of concern and recommendations
D. Civil rights and freedoms (arts. 7, 8 and 13-17)
Nationality
26. The Committee is concerned about the hindrances experienced by many children to obtaining Nepalese nationality. It is especially concerned that:
(a) Acquisition of Nepalese citizenship by descent is conditional on evidence that both the father and mother of the child are Nepalese citizens; furthermore, it excludes children of unwed mothers, children of a Nepalese mother and a foreign or unknown father, children of refugees or of parents who are unable to prove citizenship, and children of same-sex parents;
27. The Committee recommends that the State party amend, as a matter of priority, relevant legislation, particularly the Birth, Death and Other Personal Event (Vital Registration) Act of 1976, the Citizenship Act of 2006 and articles 11 (3), 11 (5) and 11 (7) of the Constitution to ensure full compliance with articles 7 and 8 of the Convention. The Committee also recommends that the State party amend its legislation on transmission of nationality by:(b) Making citizenship by descent accessible through proof of citizenship ofone of the parents, regardless of the parent’s sex;
Harmful practices
41. The Committee welcomes the positive steps taken by the State party towards the recognition of lesbian, gay, bisexual, transgender and intersex rights, including the reference to “gender and sexual minority” in the grounds for discrimination that are prohibited under article 18 of the new Constitution (right to equality) and the recent addition to identity documents of a third gender category recognizing genders other than “male” and “female”. However, the Committee remains concerned about:
(a) Lack of awareness of issues related to intersex children in Nepal and the high levels of stigma and discrimination faced by intersex children;
(b) Challenges faced by intersex children in accessing identity documents that correspond with the sex/gender identity of their choosing;
(c) Cases of medically unnecessary surgeries and other procedures on intersex children before they are able to provide their informed consent, which often entail irreversible consequences and can cause severe physical and psychological suffering, and the lack of redress and compensation in such cases.
42. The Committee recommends that the State party:
(a) Conduct awareness-raising campaigns to combat stigmatization of and discrimination against intersex children;
(b) Ensure that intersex children have access to identity documents that correspond with the sex/gender identity of their choosing;
(c) Ensure that no child is subjected to unnecessary medical or surgical treatment; guarantee bodily integrity, autonomy and self-determination to the children concerned; and provide families with intersex children with adequate counselling and support;
(d) Undertake investigations of incidents of surgical and other medical treatment of intersex children without informed consent and adopt legal provisions in order to provide redress to the victims of such treatment, including reparation and/or adequate compensation;
(e) Educate and train medical and psychological professionals on the range of sexual, and related biological and physical, diversity and on the consequences of unnecessary surgical and other medical interventions for intersex children.
Link to full text of the report: Concluding Observations-CRC-Nepal-2016-eng