Unity Dow v. Attorney General

Misca. 124/1990, June 1991 reported in (2001) AHRLR 99 (BwCA 1992) (1991)

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Unity Dow v. Attorney General

Botswana High Court
Misca. 124/1990, June 1991 reported in (2001) AHRLR 99 (BwCA 1992) (1991)

KS

Facts

Under Botswana’s Citizenship Act 1984 (the citizenship act), any child born in Botswana whose father was a Botswanan citizen was also a Botswanan citizen, regardless of whether the child’s parents were married. A child born out of wedlock whose mother was a Botswanan citizen would also be a Botswanan citizen. In contrast, a Botswanan mother married to a noncitizen father could not pass Botswanan citizenship to her child. Unity Dow (plaintiff) was a citizen of Botswana. She was married to a US citizen, and her husband was a permanent resident of Botswana. Dow and her husband had two children after their marriage. The Botswanan government denied citizenship to both children under the citizenship act. Dow filed an application against the government of Botswana (defendant), arguing that the citizenship act was an unconstitutional violation of her rights to liberty, protection of the law, immunity from expulsion from Botswana, and protection from degrading treatment and of her right not to be subject to sex-based discrimination.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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