to access education, healthcare, or social protection. These factors contribute to the cycle of
poverty, marginalisation and discrimination that traffickers deliberately exploit. By denying
stateless children nationality, authorities and child protection systems have failed to safeguard
them, instead placing them at a significantly heightened risk of trafficking for labour exploitation,
sexual exploitation, forced criminality, forced marriage, domestic servitude, begging, and forced
recruitment into armed groups. These abuses often occur with minimal risk of detection,
accountability, or access to justice due to the children’s legal invisibility.
5. Lawful and safe migration pathways remain a fantasy to stateless children who are denied
nationality, passports and visas, forcing them into irregular migration pathways which are riddled
with exploitative networks and traffickers. This increases reliance on smugglers and informal
networks and places children at high risk of trafficking throughout the migration process.
Additionally, there is a higher risk of human trafficking among stateless girls who may be forced
into child marriages in hopes of obtaining greater security and access to the benefits of citizenship.
6. While statelessness places children at a higher risk for being trafficked, it is also a consequence of
trafficking itself, including where children are separated from families, deliberately stripped of
documentation, or born into situations of exploitation or displacement where birth registration is
inaccessible.
ii.
Gender discrimination in nationality laws contributes to statelessness and child
trafficking
7. Twenty-four 1 countries presently have nationality laws that deny women the right to confer
nationality on their children on an equal basis with men. More than forty countries 2 have
nationality laws with some gender-discriminatory provisions, such as denying women the right to
confer nationality on foreign spouses, or the right to acquire, change, or retain their own
nationality on an equal basis with men. Gender discrimination in nationality laws is a primary
cause of statelessness and undermines women’s equal status within society and the family. Even
if not left stateless, those denied access to their mother’s nationality due to gender discrimination
in the nationality law, including when that country is their country of birth and residence, also
face an increased risk of trafficking, as a result of their vulnerable status in that country and their
lack of access to a range of social services and rights.
8. Furthermore, by exacerbating women’s unequal status in society, such discriminatory laws
contribute to an environment where women’s economic and other opportunities are constrained
because of their gender, thereby contributing to the root causes and vulnerabilities linked with
gender-based violence, including human trafficking and child marriage. As global migration
continues to increase, larger populations will be directly impacted by gender discrimination in
nationality laws due to increased numbers of international marriages and children born to parents
of different nationalities. Ensuring that nationality laws and practices are compliant with
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and
international law is therefore of direct concern to efforts to prevent and combat trafficking in
women and girls.
1 Global Campaign for Equal Nationality Rights, ‘The problem’, available at: https://www.equalnationalityrights.org/the-problem/.
2
Ibid.
2