Dignity denied: the hidden crisis of stateless women in South Africa

WITH Human Rights Day approaching and in the continued celebration of International Women’s Month, Lawyers for Human Rights (LHR) Statelessness Unit launched the “Her Document: Her Dignity” campaign, with the spotlight on the barriers to access to documentation in South Africa.

Statelessness refers to people who are not recognised as citizens by any country. Though often invisible, its consequences are devastating, depriving those affected of fundamental rights such as education, healthcare, employment, and legal protection.

Thandeka Chauke, head of the unit at LHR, said despite the Citizenship Act being gender-neutral, women continue to face challenges in securing citizenship and documentation for themselves and their children.

“This campaign exposes how gendered discrimination, bureaucracy, and historical injustices leave many women and their families without the legal recognition they are entitled to.”

Chauke said human rights instruments recognise equal nationality rights as essential to gender equality. While South Africa has no direct legal restrictions preventing women from passing their citizenship to their children - unlike the 24 countries worldwide that still enforce such laws - indirect discrimination persists.

“Women, especially those from historically disadvantaged backgrounds, encounter significant obstacles when trying to register births, obtain IDs, or secure citizenship for themselves and their children.”

Chauke said statelessness in South Africa is not just a legal issue - it is deeply racialised and gendered. Black women bear the brunt of navigating the bureaucracy, securing legal recognition, and fighting systemic exclusion, which affects them and their families.

The campaign centres on the experiences of women and their families who have endured the harsh realities of statelessness and lack of documentation in South Africa. Their stories highlight the intersection of gender, poverty, and bureaucratic neglect, illustrating the profound impact of their lack of legal recognition on everyday life.

“By reflecting on the words ‘If I had a document today’, we hear their voices and envision the real-life impact of statelessness,” she stated.

For one such victim, only called Bella, statelessness meant the abrupt end of her education and dreams for a better career.

Paula, who has lived in South Africa since childhood, meanwhile fears every encounter with police, worrying that she could be arrested and deported to a country she does not know.

Maggie, a South African citizen, is raising six undocumented grandchildren. She dreams of a better future for them, one where they can go to school, access child support grants, and not live in fear. But without birth certificates, their futures remain uncertain. Her greatest fear is that they will remain trapped in the same cycle of exclusion that has shaped too many lives before them.

Chauke said these stories reflect widespread injustice, and she has encountered thousands of similar cases.“By telling these stories, the campaign seeks to highlight the human cost of statelessness, advocate for policy reform, and push for systemic change.”

Chauke added that despite these challenges, South Africa has an opportunity to demonstrate leadership in the fight against statelessness. The newly adopted AU Protocol on the Specific Aspects of the Right to a Nationality and the Eradication of Statelessness in Africa calls for gender-equal nationality laws and the eradication of administrative barriers preventing women and children from securing citizenship.

For the Protocol to take effect, at least 15 AU member states must sign and ratify it. LHR urges South Africa to demonstrate leadership by being among the first signatories, reinforcing its commitment to human rights and gender equality.

Chauke said the Her Document: Her Dignity campaign is more than just a public awareness initiative - it is a call for urgent reform. Its aims are to streamline birth registration and citizenship processes, remove unnecessary bureaucratic barriers, and ensure that undocumented mothers can register their children without excessive proof requirements.

It also strives to provide accessible legal pathways for individuals at risk of statelessness to secure citizenship.

“For thousands of women and children across South Africa, a legal identity is more than just a document - it is a recognition of their existence, their dignity, and their right to belong. As the country reflects on Human Rights Day, it must confront the reality that without action, many will remain invisible in the eyes of the law,” Chauke said.