Do Sections 11(1) and 23 the Tanzania Citizenship Act violate Tanzania’s Obligations Regarding the Equality of Men and Women Under International Human Rights Law and its Own Constitution?
Tanzania is under international obligations to ensure that women are not discriminated against. Tanzania is bound by the International Convention on the Elimination of Discrimination Against Women (CEDAW), the International Convention on Civil and Political Rights (ICCPR) as well as various other international and regional instruments that guarantee the right to non-discrimination. The present case overtly treats women differently to men in relation to citizenship rights of a spouse. By denying the applicant (Sion Gabriel) the same rights as men to confer citizenship on her spouse, merely because she is a woman is in clear violation of international human rights law.
Download: ICJ-Kenya Legal Opinion Case112