Dow v Director-General Botswana (1992): Unity Dow, a Botswana citizen married to an
American citizen, challenged the constitutionality of a law that barred Motswana
women married to non-citizens from passing nationality to their children on an equal
basis with Motswana men in similar circumstances. The government argued that this
was consistent with the patrilineal custom of the Batswana people.The court ruled that
custom cannot supersede constitutional protections of equality and non-discrimination
and that national legislation must align with international obligations on gender
equality, including those under the ACHPR and CEDAW.
Where discrimination still exists:
According to UNHCR’s annual Background Note on Gender Equality, Nationality Laws, and Statelessness,
[12]
24 States globally, including seven in Africa, still deny women equal rights as men to pass nationality to
their children.
STATE
DEGREE OF RESTRICTION:
Burundi
Despite constitutional guarantees of gender equality, nationality laws
continue to discriminate against women
Eswatini
Women can only pass nationality to children born to unmarried parents
and not claimed by their fathers under Swazi customary law
Libya
Women with foreign spouses can only pass nationality to children if the
father is unknown, stateless, or of unknown nationality
Mauritania
Women can only confer nationality on children if the father is unknown
or stateless
Somalia
Women are outright barred from passing nationality to their children.
Sudan
Women can only pass nationality to their children through a
discretionary application process, unlike the automatic right granted to
Sudanese fathers
Togo
Despite constitutional guarantees of gender equality, nationality laws
continue to discriminate against women
Approximately 50 States globally still impose restrictions on women acquiring, changing, or retaining their
nationality after changes in civil status.
[12] UNHCR, “Background Note on Gender Equality, Nationality Laws and Statelessness 2025, March 2025.
Available at https://www.refworld.org/reference/themreport/unhcr/2025/en/149603.
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