The Impact of Gender Discrimination on Statelessness by gender discriminatory nationality laws. First, equality and non-discrimination are fundamental overarching principles enshrined in all international human rights treaties. For example, the UDHR and the ICCPR prohibit discrimination on numerous grounds, including sex.91 The Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) specifically prohibits all forms of discrimination against women and seeks to ensure gender equality.92 CEDAW further requires states to reform laws and processes and abolish practices that discriminate against women (whether directly or indirectly).93 The CEDAW Committee, the expert treaty body charged with overseeing implementation of the treaty, confirms that formal equality between men and women in law is not sufficient, rather states must ensure ‘substantive equality’.94 Substantive equality recognises the impacts of gendered power imbalances and underrepresentation of women, and seeks to ensure ‘equality of results’.95 With regard to nationality issues, CEDAW expressly protects women’s ‘equal rights with men to acquire, change or retain their nationality’.96 CEDAW recognises the prevalent state practices of restricting women’s rights to retain their nationality upon marriage and to pass their nationality to their children. As such, CEDAW article 9(1) states that ‘… neither marriage to an alien nor change of nationality by the husband during marriage shall automatically change the nationality of the wife, render her stateless or force upon her the nationality of the husband’. Article 9(2) affirms that women have equal rights with men regarding the nationality of their children. CEDAW’s express recognition of women’s equal nationality rights, both in respect to marriage and children, is significant given that the treaty is widely ratified globally, including by all states in the SADC region.97 The CEDAW Committee has also drawn attention to gender and nationality issues in the region, notably pointing both to direct and indirect forms of discrimination impacting nationality rights and risks of statelessness. For example, in its 2022 concluding observations on Namibia, the Committee noted various nationality concerns, calling on the state to ratify the Statelessness Conventions, and warning that birth registration remains low, especially impacting undocumented women.98 In its concluding observations on Eswatini, referring to discriminatory nationality laws, the Committee stated that ‘the Committee is concerned that both the Constitution and the Citizenship Act 91 92 2. ICCPR op cit note 81, Article 26. Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) 1979, 1249 UNTS 13, Article Ibid. CEDAW ‘General Recommendation No. 25. Article 4, paragraph 1, of the Convention (temporary special measures)’ (2004) at para 8. 95 Ibid para 9. 96 CEDAW op cit note 93, Article 9(1). 93 94 29