The Impact of Gender Discrimination on Statelessness
mean that women are limited from registering children’s births in practice.54 Some
women face compounded challenges in accessing birth registration on the basis of
both gender and racial discrimination, as Petrozziello’s research in the Dominican
Republic demonstrates, contributing to risks of statelessness for women and their
children.55
Practical challenges in obtaining identity documentation are also a
major barrier to proving nationality in the Southern African region.56 Genderdiscriminatory norms and practices contribute to barriers to women obtaining
documentation, as women tend to face greater challenges than men in securing and
retaining their own identity documents.57 Additionally, some women experience
compounded discrimination in obtaining identity and citizenship documentation,
such as due to their socio-economic status, and additional barriers due to lack of
access to information, resources, and legal assistance.58 Thus, while women in these
circumstances may have nationality rights in law, they can be denied their effective
protection in practice.
Violence against women (VAW) can also have consequences for women’s
ability to access documentation and prove their identity and nationality. In cases of
violence, abuse, or trafficking, women’s identity documentation may be seized or
destroyed as a means of control.59 For example, women and girls comprise more
than 70 per cent of all victims of trafficking,60 many of whom have their identity
documents, such as passports, seized by traffickers or pimps.61 They are thus left
without any way to prove their identity and nationality.62 As such, the UNHCR
notes ‘… victims of trafficking, many of whom, especially women and children, are
rendered effectively stateless due to an inability to establish such status’.62 Owing to
the widespread epidemic of VAW around the world, women are also more likely than
men to face situations of gender-based violence, abuse, and exploitation. In South
Africa, there is evidence to suggest that women who lack identification documents
to prove their nationality, and are consequently at risk of statelessness in practice, are
at greater risk of VAW. In such cases, women who do not have identity documents
are often reluctant to seek help from authorities, or face barriers in seeking assistance
and services.64
The above discussion seeks to highlight some of the leading direct and indirect
Petrozziello op cit note 12.
Bronwen Manby Citizenship in Africa: The Law of Belonging (2018).
CEDAW GR 32 op cit note 6 para 57.
58
Trisha Sabhapandit & Padmini Baruah ‘Untrustworthy and unbelievable: Women and the quest for citizenship in
Assam’ 2021 3(1) Statelessness & Citizenship Review at 236.
59
UN Human Rights Council (HRC) ‘Report on discrimination against women on nationality related matters, including
the impact on children’ (2013) UN Doc. A/HRC/23/23 at para 24.
60
UN Office on Drugs and Crime (UNODC) ‘Global report on trafficking in persons 2018’ (December 2018) at 25, 28,
available at www.unodc.org/documents/data-and-analysis/glotip/2018/GLOTiP_2018_BOOK_web_small.pdf,
accessed on 12 May 2022.
61
. UNHCR ‘Activities in the field of statelessness: Progress report’ (2002) EC/51/SC/CRP.13 at para 18.
62
Edwards op cit note 44 at 61
55
56
57
25