divorces, custody of the children of unmarried parents typically remains with the mother, unless the father claims paternity. Such practices further undermines divorced women’s equal status in the family and their parental rights. 26. A number of other laws are also relevant to the right to a nationality, including the 1983 Birth, Marriage and Death Registration Act, and the 2012 Children Protection and Welfare Act. Swazi women do have an equal right with men to register births and access birth and marriage certificates for themselves and their children. 27. Unmarried women can register children in their own right; however, problems arise if the woman wishes to register the child in the father’s name, which would require him to be present for the registration. Unmarried men may not register a child on their own in the absence of the mother, or a relative with legal authority to assist with the registration. Unmarried men’s inability to register the child reflects discrimination on the basis of gender and marital status, contrary to international law in its own right, and also potentially contributing to statelessness. Married women and men do not face this issue. 28. When it comes to the right to a nationality for OVC, Article 46 of the 2005 Constitution and Article 16 of the 1992 Citizenship Act stipulate that a child born after the death of the father shall be deemed to be a citizen under this Chapter on the same conditions as if the father were alive when that child was born. Children born to Swazi mothers and foreign fathers are at risk of statelessness, especially if the (deceased) foreign father cannot confer his nationality. 29. With regard the right to a nationality for foundlings, Art. 47 of the 2005 Constitution stipulates that a deserted child of not more than seven years found in Swaziland shall, unless the contrary is proved, be deemed to have been born in Swaziland and shall be treated for the purposes of this Chapter as a citizen by birth. The 1992 Citizenship Act, Article 17 states that every deserted infant first found in Swaziland shall, unless the contrary is proved, be deemed to have been born in Swaziland and shall be treated for the purpose of this Act as if his mother were a citizen of Swaziland. The child may be registered as a citizen under section 7(4), which states that Swazi mothers can confer their nationality onto children born out of wedlock if they are not ‘claimed’ by the Swazi father. The Citizenship Act seems to have more restrictive provisions pertaining to the nationality of foundlings and should, at minimum, be brought into alignment with Art 47 of the Constitution. However, in line with the country’s obligations to uphold the best interest of the child, foundlings should have the right to acquire Eswatini nationality up to the age of majority. Issue I. The Impact of Gender Discriminatory Nationality Laws 30. Gender discrimination in Eswatini’s nationality law results in wide-ranging human rights violations and hardships faced by Swazi women and their families. Gender discrimination in the nationality law jeopardizes family unity, and undermines affected persons’ equal access to education, healthcare, formal employment, financial services, inheritance, property rights, and freedom of movement. When a woman is exposed to the risk of statelessness due to abandonment by a foreign husband, she also faces difficulties in obtaining maintenance for her children and to provide for their needs. 6