Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 50
Paragraph- Paragraph text
- Reforms to introduce a measure of equality for women in family law have come about in two different ways in countries where family law was based solely on religious law. The first involves reform based on religious interpretation (hermeneutics). The Committee on the Elimination of Discrimination against Women has argued, in several of its concluding observations, that evolving customs and the variety of possible interpretations of religious law offer potential for progress towards equality, while at the same time encouraging States parties to move in that direction. Reforms of religious family codes, based on interpretations of sacred texts that favour equality, have taken place in some Muslim-majority countries, which have carried out legislative reforms founded on progressive interpretations of sharia. For example, Tunisia was one of the first countries with Islam as the State religion to enact a progressive Personal Status Code guaranteeing gender equality; in 2004, Morocco embarked on a far-reaching reform of its family law, paving the way for significant progress towards gender equality; Tunisia, Turkey and Benin have adopted legislation against polygamy; in Indonesia, Islamic tribunals institutionalized the appointment of women judges in religious tribunals in 1989, thus encouraging more gender-sensitive rulings.
- Legal status
- Non-negotiated soft law
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Families
- Women
- Year
- 2015
- Paragraph type
- Other
- Reference
- WG Discrimination Against Women, Report to the HRC (2015), A/HRC/29/40, para. 50.
- Paragraph number
- 50
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