Botswana
Dow v. Attorney-General of Botswana, (1992)
Botswana High Court
Keywords: Discrimination-Gender/Sex
Brief Summary: Dow, a Botswanan activist married to an American man, challenged the Botswana Citizenship Act of 1984 which, in accordance with customary law, declared that the nationality of any child born in Botswana would be determined exclusively by the nationality of the father. Two of Dow's children, born in Botswana, required residency permits to stay in the country, were excluded from voting, and were denied subsidized University education. Dow argued that the Act denied her and her children equal protection and that the Act discriminated on the basis of sex although the Constitution did not prohibit such discrimination.
CEDAW: The High Court held that although Botswana had not yet ratified CEDAW, the Constitution should be interpreted to prohibit discrimination on the basis of sex. When Botswana ratified CEDAW in 1995, it amended the Citizenship Act to give equal rights to men and women with respect to the citizenship of thier children.
Case brief from CEDAW At Work in "CEDAW: Treaty For The Rights of Women"