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. 19