In Togo, the nationality law does not attribute nationality to the child of a Togolese woman unless the father is stateless or unknown. This is despite the fact that the constitution and the Code de l’enfant adopted in 2007 both give men and women equal rights to pass nationality to their children: in practice, documents of the father are required to prove entitlement to nationality.38 In Benin and Guinea, the children of mothers who are nationals and foreign fathers have the right to their mother’s nationality; however, the law implies a lesser connection by giving the (superfluous) explicit right to repudiate that nationality on majority if the child is born outside the country.39 In Liberia, the constitution provides for transmission of nationality from either father or mother whether born in or out of the country; but in the nationality law those born outside the country (citizenship is granted on a jus soli basis to any “negro” born in the country) only acquire citizenship from a father who was born a citizen of Liberia and has resided in the country himself; while the child will lose nationality if he or she does not take an oath of allegiance before the age of 23. The child of a citizen mother and alien father born outside the country can only naturalise like any other alien.40 Despite amendments to the Sierra Leonean Citizenship Act in 2006, a woman does not have the right to pass her nationality to a child born outside of the country.41 Countries providing unequal rights for men and women in relation to nationality usually also discriminate on the basis of whether a child is born in or out of wedlock; the provisions generally provide no rights to the mother to transmit nationality if the child is born in wedlock, but stronger, though not absolute, rights if a child is born out of wedlock. Discrimination on the grounds of birth in or outside marriage creates additional risks of statelessness, by providing one further condition of establishing descent before nationality can be claimed. Thus it creates potential confusion over the rights of parents to transmit their nationality. In Côte d’Ivoire and Niger the nationality law has equalised the rights of men and women, but kept discrimination in relation to children born in or out of wedlock, requiring a process to establish descent from either father or mother.42 (However, the family codes in many civil law countries would effectively require a similar procedure, by providing generally for procedures to establish parentage). Gender discrimination is one of the commonest causes of statelessness, for children who cannot obtain their mother’s nationality because of gender discrimination and who cannot otherwise acquire the nationality of the state of their birth or of their father (for example, because the child was born out of wedlock, the inadequacy of civil registration procedures or other challenges). Administrative practices may also create problems of discrimination that are not written into the law. Even where there is no discrimination in the legal provisions, children of mixed nationality relationships, especially those born outside marriage to a father who does not have the nationality of the state of birth, may 38 Togo Constitution 1992 Art 32, Code de la nationalité 1978 Art 3, Code de l’enfant 2007, Arts 17-24 ; Rapport de la Commission ad hoc chargée de réviser les textes relatifs à la nationalité et de définir les modalités pratiques des audiences foraines d’établissement de certificats d’origine et de nationalité, Lomé, 12-16 septembre 2011. 39 Benin Code de la nationalité 1965, arts 7-8 and 12-13 (the right to repudiate applies both to a child born outside the country to a Beninoise mother, but also to the double jus soli right if the parent born in the country is the mother); Guinea Code civil 1983, Art 32 . 40 Liberia Constitution Article 28; Aliens and Nationality Law, 1973, Art 20.1 and 21.31. 41 Sierra Leone Citizenship Act 1973, art. 5. 42 Niger Code de la nationalité 1984 (modifié 1999), art 11 ; Cote d’Ivoire Code de la nationalité 1961, modifié 2013, arts 6 & 7. 16