The Impact of Gender Discrimination on Statelessness
The Impact of Gender
Discrimination on Statelessness:
Causes, Consequences and
Legal Responses
Christina Beninger* and Rashida Manjoo**
Received 13 May 2022 / Accepted 23 November 2022 / Published 27 January 2023
Abstract
Gender discrimination, both direct and indirect, is a leading cause of statelessness
worldwide. Most often, direct discrimination is reflected in patriarchal nationality laws
that restrict women’s ability to acquire, retain, and pass on their nationality to their
children and their spouses. There are also many indirect forms of discrimination owing
to women’s often subordinate status that can impact women’s (and their children’s)
vulnerability to statelessness. Overall, women are subject to a range of elevated and
compounded risks of statelessness linked to patriarchal norms and deeply rooted
gender inequalities. Despite the substantial impact of gender discrimination on
statelessness, this issue is an understudied topic in the literature. This article discusses
how gender discrimination impacts statelessness broadly and analyses how relevant
international and selected Southern African and domestic law and policy frameworks
have responded to this issue. First, the article briefly discusses some of the leading
causes of statelessness arising from direct and indirect gender discrimination, and
some of the key consequences of statelessness for women. Secondly, the article provides
a critical gender analysis of the international legal framework on statelessness. It
discusses how relevant international human rights legal and policy frameworks offer a
robust protection of women’s nationality rights and gender equality. Thirdly, the article
analyses selected regional and national law and policy developments related to gender
and statelessness in Southern Africa. Overall, while the analysis indicates progress
in some areas, there remain ongoing challenges in bridging the statelessness gender
discrimination gap and a need for furth er research in this area.
Keywords: statelessness, women, discrimination, international law, Southern
Africa
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* University of Cape Town, South Africa. Corresponding author. BNNCHR007@myuct.ac.za
** University of Cape Town, South Africa.
The authors wish to thank Sheryl Kunaka for her research assistance with Section IV of this
article.
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