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Article 3: The equality of rights between men and women - replaces GC No. 4 2000, para. 11
- Paragraph text
- To assess compliance with article 7 of the Covenant, as well as with article 24, which mandates special protection for children, the Committee needs to be provided information on national laws and practice with regard to domestic and other types of violence against women, including rape. It also needs to know whether the State party gives access to safe abortion to women who have become pregnant as a result of rape. The States parties should also provide the Committee with information on measures to prevent forced abortion or forced sterilization. In States parties where the practice of genital mutilation exists information on its extent and on measures to eliminate it should be provided. The information provided by States parties on all these issues should include measures of protection, including legal remedies, for women whose rights under article 7 have been violated.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Harmful Practices
- Person(s) affected
- Children
- Men
- Women
- Year
- 2000
Paragraph
Article 3: The equality of rights between men and women - replaces GC No. 4 2000, para. 23
- 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.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Person(s) affected
- Men
- Women
- Year
- 2000
Paragraph
Article 3: The equality of rights between men and women - replaces GC No. 4 2000, para. 24
- Paragraph text
- Another factor that may affect women's right to marry only when they have given free and full consent is the existence of social attitudes which tend to marginalize women victims of rape and put pressure on them to agree to marriage. A woman's free and full consent to marriage may also be undermined by laws which allow the rapist to have his criminal responsibility extinguished or mitigated if he marries the victim. States parties should indicate whether marrying the victim extinguishes or mitigates criminal responsibility and, in the case in which the victim is a minor, whether the rape reduces the marriageable age of the victim, particularly in societies where rape victims have to endure marginalization from society. A different aspect of the right to marry may be affected when States impose restrictions on remarriage by women that are not imposed on men. Also, the right to choose one's spouse may be restricted by laws or practices that prevent the marriage of a woman of a particular religion to a man who professes no religion or a different religion. States should provide information on these laws and practices and on the measures taken to abolish the laws and eradicate the practices which undermine the right of women to marry only when they have given free and full consent. It should also be noted that equality of treatment with regard to the right to marry implies that polygamy is incompatible with this principle. Polygamy violates the dignity of women. It is an inadmissible discrimination against women. Consequently, it should be definitely abolished wherever it continues to exist.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Violence
- Person(s) affected
- Women
- Year
- 2000
Paragraph
Certain forms of abuses in health-care settings that may cross a threshold of mistreatment that is tantamount to torture or cruel, inhuman or degrading treatment or punishment 2013, para. 46
- Paragraph text
- International and regional human rights bodies have begun to recognize that abuse and mistreatment of women seeking reproductive health services can cause tremendous and lasting physical and emotional suffering, inflicted on the basis of gender. Examples of such violations include abusive treatment and humiliation in institutional settings; involuntary sterilization; denial of legally available health services such as abortion and post-abortion care; forced abortions and sterilizations; female genital mutilation; violations of medical secrecy and confidentiality in health-care settings, such as denunciations of women by medical personnel when evidence of illegal abortion is found; and the practice of attempting to obtain confessions as a condition of potentially life-saving medical treatment after abortion.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Health
- Violence
- Person(s) affected
- Women
- Year
- 2013
Paragraph
Certain forms of abuses in health-care settings that may cross a threshold of mistreatment that is tantamount to torture or cruel, inhuman or degrading treatment or punishment 2013, para. 48
- Paragraph text
- Some women may experience multiple forms of discrimination on the basis of their sex and other status or identity. Targeting ethnic and racial minorities, women from marginalized communities and women with disabilities for involuntary sterilization because of discriminatory notions that they are "unfit" to bear children is an increasingly global problem. Forced sterilization is an act of violence, a form of social control, and a violation of the right to be free from torture and other cruel, inhuman, or degrading treatment or punishment. The mandate has asserted that "forced abortions or sterilizations carried out by State officials in accordance with coercive family planning laws or policies may amount to torture".
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Harmful Practices
- Health
- Violence
- Person(s) affected
- Children
- Persons with disabilities
- Women
- Year
- 2013
Paragraph
Certain forms of abuses in health-care settings that may cross a threshold of mistreatment that is tantamount to torture or cruel, inhuman or degrading treatment or punishment 2013, para. 76
- Paragraph text
- The Pan American Health Organization (PAHO) has concluded that homophobic ill-treatment on the part of health professionals is unacceptable and should be proscribed and denounced. There is an abundance of accounts and testimonies of persons being denied medical treatment, subjected to verbal abuse and public humiliation, psychiatric evaluation, a variety of forced procedures such as sterilization, State-sponsored forcible anal examinations for the prosecution of suspected homosexual activities, and invasive virginity examinations conducted by health-care providers, hormone therapy and genital-normalizing surgeries under the guise of so called "reparative therapies". These procedures are rarely medically necessary, can cause scarring, loss of sexual sensation, pain, incontinence and lifelong depression and have also been criticized as being unscientific, potentially harmful and contributing to stigma (A/HRC/14/20, para. 23). The Committee on the Elimination of Discrimination against Women expressed concern about lesbian, bisexual, transgender and intersex women as "victims of abuses and mistreatment by health service providers" (A/HRC/19/41, para. 56).
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Harmful Practices
- Health
- Person(s) affected
- LGBTQI+
- Women
- Year
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 10
- Paragraph text
- Servile marriage and domestic servitude are two forms of contemporary slavery that disproportionately affect women and girls. In a previous report, the Special Rapporteur defined servile marriage as an arrangement "in which a spouse is reduced to a commodity over whom any or all the powers of ownership are attached" (A/HRC/21/41, summary). Practices such as polygamy and "bride price", especially when coupled with the prevalence of domestic violence, are possible indicators of servile marriage. Women's bodies are directly tied to a family's honour in many cultures, and if a girl refuses to marry, "she can be subject to character assassination or kidnapping by the man or his family to force her into marriage or to rape her" (ibid., para. 71). There is little to no legal protection for women in these situations in many countries. Some countries have gone so far as to enact legislation that acquits perpetrators of rape if they marry their victim. If a woman enters into a servile marriage, she essentially becomes a slave to her husband and his family.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Violence
- Person(s) affected
- Families
- Girls
- Women
- Year
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 11
- Paragraph text
- Servile marriages are still practised today; for example, in Papua New Guinea. According to a 2012 report by The Projection Project, "women are victims of forced, fraudulent, servile, fraudulently brokered, and temporary marriages. Children may also become victims of exploitative marriage".
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2013
Paragraph
Closing the gap in international human rights law: lessons from three regional human rights systems on legal standards and practices regarding violence against women 2015, para. 43
- Paragraph text
- The Court has addressed cases of domestic violence, rape, honour-based violence, female genital mutilation, inhuman treatment in detention, violence in public places, servitude, forced sterilization, and abortion-related violence. Most cases involve violence that has already taken place, with the exception of cases of honour-based violence and female genital mutilation that deal with the right to non-refoulement, that is, with preventing the actual act of violence occurring. Article 2 (right to life), article 3 (prohibition of torture), article 8 (right to respect for private and family life), article 13 (right to an effective remedy) and article 14 (prohibition of discrimination) are relevant to cases of violence against women. However, complaints concerning violence against women are usually discussed under broad themes of whether the incidents constitute a violation of article 8, whether the violence reaches a certain threshold of severity under article 2, and whether the violence amounts to torture or inhuman or degrading treatment under article 3. The Court has often discussed cases of violence against women solely under article 8, and has refrained from considering the relevance of other articles.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Harmful Practices
- Violence
- Person(s) affected
- Women
- Year
- 2015
Paragraph
Comprehensive prevention strategies against sale and sexual exploitation of children 2013, para. 45
- Paragraph text
- A number of social practices are rooted in discrimination against women. Child marriage is entrenched in social and gender norms that significantly affect the well-being of girls.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- Children
- Girls
- Women
- Year
- 2013
Paragraph
Continuum of violence against women from the home to the transnational sphere: the challenges of effective redress 2011, para. 25
- Paragraph text
- The mandate has identified two main categories of violence against women in the family sphere: domestic violence and harmful and degrading practices that are violent to and/or subordinate women, whether justified on the basis of religious, customary or other societal laws and practices. The mandate has adopted a broad definition of the family that encompasses intimate-partner and interpersonal relationships, including non-cohabitating partners, previous partners and domestic workers.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Violence
- Person(s) affected
- Families
- Women
- Year
- 2011
Paragraph
Continuum of violence against women from the home to the transnational sphere: the challenges of effective redress 2011, para. 30
- Paragraph text
- Closely tied to domestic violence, practices that are harmful and degrading undermine the rights and status of women and girls and continue without systematic monitoring or punishment, despite the increasing existence of legal prohibitions. In some countries, early and forced marriage, polygamy and unregistered marriages continue to be of concern. The mandate considers these practices "aggravated factors" that increase vulnerability of women to violence. In Kyrgyzstan, the Special Rapporteur found correlation between early marriages (12.2 per cent of women) and unregistered marriages, on the one hand, and rising unemployment and feminization of poverty and the resurfacing of patriarchal traditions and religious conservatism, on the other. Early marriage contributes to high maternal mortality rates due to prolonged labour and other complications. Similarly, women living in unregistered marriages in Algeria experienced heightened vulnerability to violence and abuse and were reported to have difficulties in ending abusive relationships due to lack of support, alternative housing and legal protection. Despite legal restrictions in regard to polygamy, the Special Rapporteur heard accounts from women who were subjected to violence or threats of violence by husbands who wished to obtain consent to a polygamous marriage.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2011
Paragraph
Continuum of violence against women from the home to the transnational sphere: the challenges of effective redress 2011, para. 31
- Paragraph text
- Many women are subjected to violence by their husbands, but also by their husbands' families. For examples, in countries where "bride price/dowry" is still practised, spouses and in-law family members believe they have purchased the bride and are therefore entitled to subject their "property" to violence and other forms of ill-treatment.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Violence
- Person(s) affected
- Families
- Women
- Year
- 2011
Paragraph
Continuum of violence against women from the home to the transnational sphere: the challenges of effective redress 2011, para. 37
- Paragraph text
- Femicide refers to violent killing/murder of women because they are women and occurs in many contexts, cutting across the four spheres. It includes murder in the context of intimate partner violence, sexual murder, killings in the name of honour, female infanticide, dowry deaths, and killing of prostitutes, and the killing of women accused of witchcraft, as well as certain deaths due to suicide and unidentifiable maternal deaths. Femicide is often linked to domestic violence, which, at its most severe, leads to death. Research on femicide from Australia, Canada, Israel, South Africa and the United States indicates that 40 to 70 per cent of female murder victims were killed by their husbands or boyfriends. The particular vulnerability to violence of women experiencing multiple and intersecting forms of discrimination is further reflected in the findings of a 2004 study in New York City, according to which 51 per cent of intimate partner homicide victims were foreign-born, while 45 per cent were born in the United States. During the examination of Canada by the Committee on the Elimination of Discrimination against Women in 2008, concern was raised about the hundreds of cases of missing or murdered aboriginal women that had occurred during the past two decades that had neither been fully investigated nor attracted priority attention, with perpetrators remaining unpunished.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Violence
- Person(s) affected
- Women
- Year
- 2011
Paragraph
Continuum of violence against women from the home to the transnational sphere: the challenges of effective redress 2011, para. 78
- Paragraph text
- In terms of women's empowerment at the community and family level, States should engage in "cultural negotiations" through which the root causes of violence against women may be confronted and the oppressive nature of certain societal practices made evident. This cultural negotiation requires identifying and contesting the legitimacy of those who monopolize the right to speak on behalf of culture and religion. It is not culture or religion per se that sanctions the beating, mutilation or killing of women. Rather, it is those who monopolize the right to speak on behalf of culture or religion. As a consequence, State engagement in women's empowerment and societal transformations is central to challenging and changing hegemonic patriarchal structures and practices.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2011
Paragraph
Criminalisation of sexual and reproductive health 2011, para. 35
- Paragraph text
- The stigma resulting from criminalization creates a vicious cycle. Criminalization of abortion results in women seeking clandestine, and likely unsafe, abortions. The stigma resulting from procuring an illegal abortion and thereby breaking the law perpetuates the notion that abortion is an immoral practice and that the procedure is inherently unsafe, which then reinforces continuing criminalization of the practice.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Harmful Practices
- Health
- Person(s) affected
- Women
- Year
- 2011
Paragraph
Economic consequences of marriage, family relations and their dissolution 2013, para. 21
- Paragraph text
- Some States parties that recognize polygamous marriages, under either religious or customary law, also provide for civil marriage, monogamous by definition. Where civil marriage is not provided for, women in communities that practice polygamy may have no choice but to enter into a marriage that is at least potentially, if not already, polygamous, regardless of their wishes. The Committee concluded in general recommendation No. 21 that polygamy is contrary to the Convention and must be "discouraged and prohibited".
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- Families
- Women
- Year
- 2013
Paragraph
Economic consequences of marriage, family relations and their dissolution 2013, para. 26
- Paragraph text
- States parties should establish a legal requirement of marriage registration and conduct effective awareness-raising activities to that effect. They must provide for implementation through education about the requirements and provide infrastructure to make registration accessible to all persons within their jurisdiction. States parties should provide for establishing proof of marriage by means other than registration where circumstances warrant. The State must protect the rights of women in such marriages, regardless of their registration status.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Person(s) affected
- Families
- Women
- Year
- 2013
Paragraph
Economic consequences of marriage, family relations and their dissolution 2013, para. 27
- Paragraph text
- The Committee reaffirms paragraph 14 of its general recommendation No. 21, which states that "polygamous marriage contravenes a woman's right to equality with men, and can have such serious emotional and financial consequences for her and her dependants that such marriages ought to be discouraged and prohibited". Since the adoption of this general recommendation, the Committee has consistently noted with concern the persistence of polygamous marriages in many States parties. In its concluding observations, the Committee has pointed to the grave ramifications of polygamy for the human rights and economic well-being of women and their children, and has consistently called for its abolition.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Person(s) affected
- Families
- Men
- Women
- Year
- 2013
Paragraph
Economic consequences of marriage, family relations and their dissolution 2013, para. 28
- Paragraph text
- States parties should take all legislative and policy measures needed to abolish polygamous marriages. Nevertheless, as stated by the Committee in its general recommendation No. 27, "polygamy is still practised in many States Parties, and many women are in polygamous unions". Accordingly, with regard to women in existing polygamous marriages, States parties should take the necessary measures to ensure the protection of the economic rights of women.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Person(s) affected
- Families
- Women
- Year
- 2013
Paragraph
Economic consequences of marriage, family relations and their dissolution 2013, para. 33
- Paragraph text
- In general recommendation No. 21, paragraph 16, the Committee notes that some State parties "allow marriage to be arranged for payment or preferment", which is a violation of a woman's right to freely choose her spouse. "Payment or preferment" refers to transactions in which cash, goods or livestock are given to the bride or her family by the groom or his family, or when a similar payment is made by the bride or her family to the groom or his family. This practice should not be in any way required in order for a marriage to be valid, and such agreements should not be recognized by the State party as enforceable.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- Families
- Women
- Year
- 2013
Paragraph
Economic consequences of marriage, family relations and their dissolution 2013, para. 42
- Paragraph text
- States parties should provide for separating the principles and procedure dissolving the marriage relationship from those relating to the economic aspects of the dissolution. Free legal aid should be provided to women who do not have the means to pay for court costs and attorney fees, so as to ensure that no woman is forced to forgo her economic rights to obtain a divorce.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Harmful Practices
- Person(s) affected
- Families
- Women
- Year
- 2013
Paragraph
Economic consequences of marriage, family relations and their dissolution 2013, para. 43
- Paragraph text
- Most laws, customs and practices relating to the financial consequences of marriage dissolution can be broadly classified into two categories: distribution of property and maintenance after divorce or separation. Property distribution and post-dissolution maintenance regimes often favour husbands regardless of whether laws appear neutral, owing to gendered assumptions relating to the classification of marital property subject to division, insufficient recognition of non-financial contributions, women's lack of legal capacity to manage property and gendered family roles. In addition, laws, customs and practices relating to the post-dissolution use of the family home and chattels clearly have an impact on women's post dissolution economic status.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- Families
- Women
- Year
- 2013
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 18
- Paragraph text
- The Committee on the Elimination of Discrimination against Women and the Committee on the Rights of the Child have noted that harmful practices affecting women and girls are deeply rooted in social attitudes according to which women and girls are regarded as inferior to men and boys based on stereotyped roles. They highlight the gender dimension to violence and indicate that sex- and gender-based attitudes and stereotypes, power imbalances, inequalities and discrimination perpetuate the widespread existence of practices that often involve violence or coercion. They maintain that the nature and prevalence of these practices vary according to region and culture. These practices cause serious harm to every aspect of the lives of the women and girls who fall victim to them and include incest, female genital mutilation, early and/or forced marriage, so-called "honour crimes", dowry-related violence, neglect of girls, extreme dietary restrictions, virginity tests, servitude, stoning, violent initiation rites, widowhood practices and female infanticide. The obligations set out in the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child form the basis for the elaboration of a global strategy to eliminate harmful practices, which should be well defined, rights-based, have local relevance and comprise legal, economic and social support measures combined with proportional political engagement and State responsibility at all levels.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- Boys
- Children
- Girls
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 19
- Paragraph text
- In many contexts, States fail to establish and enforce a clear legal hierarchy based on the guarantees of equality and non-discrimination set forth in international human rights law and national legislation, thus helping to maintain patriarchal modes of organization and behaviours. Even when the law is independent of any religious source, it may be strongly influenced by culture, deriving from dominant ideologies linked to religion, traditional attitudes and social norms. Some States adopt national laws and regulations that restrict the rights, power and mobility of women on the basis of essentialist points of view belonging to a particular culture or religion. Conservative religious extremist movements impose strict modesty codes in order to subjugate women and girls in the name of religion, particularly in situations of political transition or conflict. For example, some branches of Islam have reintroduced forced and/or early marriage and some branches of Christianity prevent women from having access to therapeutic abortion. Religious extremism limits women's rights, including their right to health and economic activity, and they are generally subject to harsh sanctions for crimes committed against the patriarchy, such as adultery. At the international level, many States justify their reservations to articles of several human rights conventions, including the Convention on the Elimination of All Forms of Discrimination against Women, in the name of preserving their cultures and religions. Human Rights Council resolutions 16/3 on promoting human rights and fundamental freedoms through a better understanding of traditional values of humankind and 26/11 on the protection of the family threaten to undermine international achievements in the field of human rights in the name of cultural and religious diversity.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Harmful Practices
- Health
- Social & Cultural Rights
- Person(s) affected
- Girls
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 26
- Paragraph text
- However, not all forms of marriage deserve recognition. The Working Group calls for the non-recognition of those forms that discriminate against women and/or fail to ensure equality and justice for women, whatever the legal system, religion, custom or tradition. This refers to, among others, early and/or forced marriage, temporary marriage and polygamy. The Committee on the Elimination of Discrimination against Women and the Human Rights Committee have recommended that States should prohibit polygamy on the grounds that it contravenes women's right to equality with men and can have serious emotional and financial consequences for women and their dependants. However, there are national civil codes that legalize polygamous marriage, early and/or forced marriage and temporary marriage. The Working Group advocates the repeal of these codes. Among the countries that deem such marriages to discriminate against women and girls, some consider them void and others merely voidable. In all cases, the legal solution must protect the rights of women and girls, who remain the victims of these harmful marriages. Their rights to subsistence, to property, including land and inheritance, to a place of residence, to custody of children and to remarry must be guaranteed.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Person(s) affected
- Girls
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 34
- Paragraph text
- The role of women in the family has generally been under patriarchal control in cultures and religions that subject women and girls to forced and/or early marriage and discrimination in a number of areas of family life, such as consent to enter into marriage, dowry obligations, the right to possess and manage property, sexual relations, requirements regarding modesty and freedom of movement, guardianship and custody of children, divorce and division of matrimonial assets, the punishment of adultery, the right to remarry following dissolution of the marriage or death of the husband, the status of widows and inheritance. In addition, women and girls are generally not treated equally in families with regard to the division of rights and responsibilities. Discrimination against women and girls in the family and in marriage affects all aspects of their lives.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- Families
- Girls
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 49
- Paragraph text
- Some States that apply religious or customary law to regulate personal status have reinforced the traditional prohibitions on adultery by criminalizing it. Adultery, which is defined as any sexual relation outside marriage, is severely punished and may even result in a sentence of death by stoning in some States that apply Islamic law. The sanctions are generally imposed on the women rather than the men. Interventions by foreign Governments, civil society and special procedures mandate holders have sometimes led to judgements that imposed stoning to be overturned. In some states in the United States of America, adultery between married persons is a crime, but these provisions have not been implemented in the last thirty years. The Working Group issued a statement calling for the decriminalization of adultery and wishes to recall that criminalization of sexual relations between consenting adults is a violation of their right to privacy and an infringement of article 17 of the International Covenant on Civil and Political Rights.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Harmful Practices
- Person(s) affected
- Men
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in the area of health and safety, with a focus on the instrumentalization of women's bodies 2016, para. 34
- Paragraph text
- Many girls are exposed to a wide variety of practices which are harmful to their health and well-being, such as female genital mutilation, discrimination in food allocation resulting in malnutrition and discrimination in access to professional health care. Furthermore, early marriage and adolescent pregnancy have a long-lasting impact on girls' physical integrity and mental health. Pregnancy and childbirth are together the second leading cause of death among 15- to 19-year-old girls globally, putting them at the highest risk of dying or suffering serious lifelong injuries as a result of pregnancy. For example, up to 65 per cent of women with obstetric fistula, which is a severely disabling condition and often results in social exclusion, develop this condition as adolescents.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Harmful Practices
- Health
- Person(s) affected
- Adolescents
- Girls
- Women
- Year
- 2016
Paragraph
Eliminating discrimination against women in the area of health and safety, with a focus on the instrumentalization of women's bodies 2016, para. 56
- Paragraph text
- Rural women are particularly affected by patriarchal gender stereotypes and roles and are extremely vulnerable to harmful practices such as early or forced marriage and female genital mutilation, as well as to violence and poverty. These practices have a negative impact on their right to health. Rural women are usually particularly disadvantaged in accessing health-care services, including reproductive and sexual health services.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Harmful Practices
- Health
- Person(s) affected
- Women
- Year
- 2016
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