Article 3: The equality of rights between men and women - replaces GC No. 4 2000, para. 23
Paragraph- Paragraph text
- States are required to treat men and women equally in regard to marriage in accordance with article 23, which has been elaborated further by general comment No. 19 (1990). Men and women have the right to enter into marriage only with their free and full consent, and States have an obligation to protect the enjoyment of this right on an equal basis. Many factors may prevent women from being able to make the decision to marry freely. One factor relates to the minimum age for marriage. That age should be set by the State on the basis of equal criteria for men and women. These criteria should ensure women's capacity to make an informed and uncoerced decision. A second factor in some States may be that either by statutory or customary law a guardian, who is generally male, consents to the marriage instead of the woman herself, thereby preventing women from exercising a free choice.
- Legal status
- Non-negotiated soft law
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Person(s) affected
- Men
- Women
- Year
- 2000
- Paragraph type
- Other
- Reference
- CCPR General Comment No. 28, Article 3: The equality of rights between men and women - replaces GC No. 4 (2000), para. 23.
- Paragraph number
- 23
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32 relationships, 32 entities