from having equal access to resources and from enjoying equality of status in the family and
society. Even where de jure equality exists, all societies assign different roles, which are
regarded as inferior, to women. In this way, principles of justice and equality contained in
particular in article 16 and also in articles 2, 5 and 24 of the Convention are being violated.
Various forms of family
13. The form and concept of the family can vary from State to State, and even between regions
within a State. Whatever form it takes, and whatever the legal system, religion, custom or
tradition within the country, the treatment of women in the family both at law and in private
must accord with the principles of equality and justice for all people, as article 2 of the
Convention requires.
Polygamous marriages
14. States parties’ reports also disclose that polygamy is practised in a number of countries.
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. The Committee notes with concern that some States
parties, whose constitutions guarantee equal rights, permit polygamous marriage in accordance
with personal or customary law. This violates the constitutional rights of women, and breaches
the provisions of article 5 (a) of the Convention.
Article 16 (1) (a) and (b)
15. While most countries report that national constitutions and laws comply with the
Convention, custom, tradition and failure to enforce these laws in reality contravene the
Convention.
16. A woman’s right to choose a spouse and enter freely into marriage is central to her life and
to her dignity and equality as a human being. An examination of States parties’ reports discloses
that there are countries which, on the basis of custom, religious beliefs or the ethnic origins of
particular groups of people, permit forced marriages or remarriages. Other countries allow a
woman’s marriage to be arranged for payment or preferment and in others women’s poverty
forces them to marry foreign nationals for financial security. Subject to reasonable restrictions
based for example on a woman’s youth or consanguinity with her partner, a woman’s right to
choose when, if, and whom she will marry must be protected and enforced at law.
Article 16 (1) (c)
17. An examination of States parties’ reports discloses that many countries in their legal
systems provide for the rights and responsibilities of married partners by relying on the
application of common law principles, religious or customary law, rather than by complying with
the principles contained in the Convention. These variations in law and practice relating to
marriage have wide-ranging consequences for women, invariably restricting their rights to equal
status and responsibility within marriage. Such limitations often result in the husband being
accorded the status of head of household and primary decision maker and therefore contravene
the provisions of the Convention.
18. Moreover, generally a de facto union is not given legal protection at all. Women living in
such relationships should have their equality of status with men both in family life and in the
sharing of income and assets protected by law. Such women should share equal rights and
responsibilities with men for the care and raising of dependent children or family members.