to accessing education, healthcare, employment, property rights, inheritance, freedom
of movement and family unity. Gender discriminatory nationality laws also inhibit
women’s ability to freely choose a spouse and are linked with gender-based violence,
including human trafficking and child marriage, and obstacles to women leaving abusive
relationships.19
23. The co-submitting organisations welcome recent efforts to amend the Nationality Code
to remove gender-discriminatory provisions and uphold gender equality, including a
government established working group tasked with drafting proposed reforms in 2018.
Additionally, the Global Campaign for Equal Nationality Rights was honoured to include
the Minister of Justice of Togo, the Honorable Kokouvi Agbetome, in its September 2020
High Level Event on Achieving Gender Equality in Nationality Laws during the 75th UN
General Assembly. We welcomed Minister Agbetome’s affirmation at the event that the
Togolese government is resolutely engaged in working to achieve gender equality in its
nationality law. However, we remain concerned that gender equality has yet to be
enshrined in Togo’s Nationality Code. We encourage the government to enact reforms
to uphold gender equality in the nationality law without delay.
Impact of gender discrimination in Togo’s nationality law and
statelessness
24. Gender discrimination in nationality law is a leading cause of statelessness globally. The
Togolese Nationality Code includes gender discriminatory provisions that contribute to
statelessness, yet there is no statistical information on the scope or extent of
statelessness in Togo. The lack of statistical information in itself points to a deeper gap
by the state to prioritise and address the issue of the right to nationality and the rights
of stateless persons in the country. This is particularly so, when considering the various
legal provisions which undermine the right to nationality, thereby increasing the
likelihood of statelessness being generated and perpetuated.
25. More specifically, gender discrimination in the nationality law results in a range of
human rights violations impacting children. These include the denial of the right to a
nationality and resultant statelessness over generations (Art. 7 CRC); lack of access to
public education (Art. 28 CRC), healthcare (Art. 24 CRC) and other services. This
restriction can also impede family life in violation of article 9 of the CRC. For example,
when foreign men are denied access to their Togolese spouses’ nationality, they may be
forced to live away from their children due to challenges in acquiring residency permits
and obstacles to employment, or they may try to take the children away from the
mother and back to their own country.20
26. Consequently, in addition to resulting in violations of CRC Article 7, this restriction
violates the Guiding Principles of the CRC as set out in Article 2 (non-discrimination),
Article 3 (best interest), Article 6 (child’s development) and Article 12 (respecting the
views of the child).
19
For further information, see: https://equalnationalityrights.org/images/zdocs/Impact-of-GenderDiscrimination-in-Nationality-Laws-on-Gender-Based-Violence.pdf
20 Equality Now, Campaign to End Sex Discrimination in Nationality and Citizenship Laws, 2013 (updated 2018),
available at: https://www.equalitynow.org/the_state_we_re_in_ending_sexism_in_nationality_laws
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