Box 2: Gaps in the law contributing to statelessness
Gender discrimination
Where women cannot transmit their nationality to their children, those who have children with a
father of another nationality (or who is stateless or of unknown nationality), who have children out of
wedlock or with a father who abandons a child or who dies without leaving nationality documentation
or obtaining nationality documents for his children, face a real risk that their children will be stateless,
especially if they do not live in the country of the father.
Racial and ethnic discrimination
Racial and ethnic discrimination in the law leaves those who are not perceived to be of the “right”
racial or ethnic group at risk of statelessness, especially where combined with discrimination on the
basis of sex and the father is from another group.
Weak rights attached to birth in the country
Countries which provide very limited rights based on birth in the country – in particular, that provide
no access to nationality for those born in the country and resident during their childhood (enabling
automatic or optional access to nationality at the latest at majority) typically have large populations
of people who are stateless.
Dual nationality rules hard to interpret
In the many West African countries, the rules on dual nationality are very hard to interpret, leading to
a widespread belief that dual nationality is not permitted, even when there is no objection in law,
especially for persons who potentially have two nationalities from birth.
Provisions on state successions have created statelessness
Many countries face continuing problems related to poor management of nationality in the
transitional provisions of the laws adopted at independence. State successions since independence
have also failed to provide carefully for the nationality those who live in a territory transferred
between two states (see section 4.6).
Non-existent systems for the protection of stateless persons
No West African country has a legal framework in place to identify and provide a status for stateless
persons and facilitate their acquisition of a nationality.
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