The Impact of Gender Discrimination on Statelessness
its nationality laws, Eswatini has pledged to reform its nationality laws to eliminate
gender discrimination by 2024.36
In addition, nationality laws that discriminate against a group of people,
on the basis of race, ethnicity, or religion, can directly cause statelessness through
the mass denial of nationality rights. Women from these groups are likely to face
compounded discrimination on intersecting grounds owing to their gender, and
thus, greater vulnerabilities. For example, in Madagascar, the Karana community, a
predominantly Muslim minority group of Indo-Pakistani descent, faces entrenched
discrimination and deprivation of nationality rights, despite living in the country for
generations, perpetuating a multi-generational cycle of statelessness.37
(c) Indirect gender discrimination
Indirect gender discrimination also plays a significant role as a cause of statelessness.
Indirect discrimination refers to the gender discriminatory impact of laws, policies,
and practices that may appear gender neutral, but in practice have a disproportionate
and negative impact on women.38 As Petrozziello discusses, the impact of indirect
discrimination against women in statelessness is an understudied area in the
literature.39 There are a number of ways in which indirect gender discrimination
contributes to statelessness of women, and children. The UN Committee for the
Elimination of Discrimination against Women (CEDAW Committee) discusses the
impacts of indirect discrimination as a cause of statelessness in detail in its General
Recommendation No. 32.40 The consequences of indirect discrimination resulting in
increased risks of statelessness include indirect discrimination arising from genderneutral laws and practices, challenges in attaining birth registration, and difficulties
in accessing and retaining identity documents, often due to displacement, conflict,
or human trafficking.
As the CEDAW Committee outlines, even nationality laws that appear gender
neutral can be discriminatory in practice and lead to greater risks of statelessness.
Generally, women are more likely than men to change their nationality to that of
their foreign spouse and are therefore more vulnerable to statelessness if there is a gap
between renouncing one nationality and acquiring another.41 For women who marry
a foreign husband and relocate to his country, indirect discrimination may also result
because women face more barriers and challenges in acquiring new nationality. For
example, women are generally less likely to acquire adequate language skills in a new
country, due to reduced access to education and the public sphere.42 They may also
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42
43
UNHCR ‘Background Note’ op cit note 11 at 6.
Mbiyozo op cit note 1 at 15-16.
CEDAW GR 32 op cit note 6 para 54.
Petrozziello op cit note 12 at 214.
CEDAW GR 32 op cit note 6 para 51.
Ibid para 54.
Ibid para 55.
Ibid.
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