Dow v. Attorney-General

Abstract

Human rights — Freedom from discrimination — Sex discrimination — Whether unconstitutional — Citizenship laws — Determination of citizenship by patrilineal descent — Inability of mother to pass citizenship to child if married to father of child — Whether sex discrimination — Right to equal protection of law

Nationality — Descent — Nationality conferred only upon those whose fathers were nationals — Whether discriminatory — Whether contrary to fundamental human rights

Relationship of international law and municipal law — Treaties — Aid to interpretation of constitutional provisions — Treaties not incorporated into domestic law — Whether only to be referred to where constitutional provisions ambiguous — Whether domestic laws to be interpreted in accordance with State’s international obligations — The law of Botswana