Burundi Dominican Republic Kiribati Yemen Conferral of nationality by parents on adopted children The table below divides the five States where women do not have equal rights as men to confer nationality on their adopted children. In the nationality law of the country in red, women cannot confer nationality on their adopted children under any circumstances, while men can confer nationality on their adopted children. In the nationality laws of the countries in orange, a woman can confer nationality only if she adopts the child as a single parent, whereas men can generally confer nationality in cases of adoption. The Bahamas Barbados Kiribati Madagascar Mauritius Analysis of nationality legislation with gender inequality in conferring nationality on children Africa Three African States – Burundi, Sudan, and Togo – have enshrined the principle of gender equality in recent constitutions but have yet to reform the relevant provisions of their nationality laws.5 In principle, constitutional provisions prevail over the nationality law of each State. However, because nationality laws tend to be more specific and practice-oriented, administrative authorities may be more likely to apply the older provisions of these laws rather than look to constitutional guarantees of gender equality. According to the nationality law of Burundi, Burundian mothers automatically confer nationality 5 The discrepancies between constitutional and nationality law provisions in the Gambia, Lesotho and Zimbabwe are not included in this list as it is clear that in these countries the provisions of their respective constitutions prevail. In the Gambia, the chapter on citizenship in the Constitution, which is the law applied for nationality matters, has addressed the discrimination related to transmission of nationality to children born abroad contained in the Citizenship Act. In Lesotho, discrimination with respect to women’s ability to confer nationality on children present in Part II of the Citizenship Act was repealed by Article 166 of the Constitution. In Zimbabwe, the Constitution contradicts the discriminatory provisions contained in the Citizenship Act, and in cases where inconsistencies were challenged in court the Constitution prevailed. However, these citizenship acts should still be amended in order to be aligned with the gender equal provisions of each constitution. 10 U N H C R > B A C K G R O U N D N O T E O N G E N D E R E Q U A L I T Y, N AT I O N A L I T Y L A W S A N D S TAT E L E S S N E S S 2 0 2 6