Article 16 (1) (d) and (f)
19. As provided in article 5 (b), most States recognize the shared responsibility of parents for
the care, protection and maintenance of children. The principle that “the best interests of the
child shall be the paramount consideration” has been included in the Convention on the Rights of
the Child (General Assembly resolution 44/25, annex) and seems now to be universally accepted.
However, in practice, some countries do not observe the principle of granting the parents of
children equal status, particularly when they are not married. The children of such unions do not
always enjoy the same status as those born in wedlock and, where the mothers are divorced or
living apart, many fathers fail to share the responsibility of care, protection and maintenance of
their children.
20. The shared rights and responsibilities enunciated in the Convention should be enforced at
law and as appropriate through legal concepts of guardianship, wardship, trusteeship and
adoption. States parties should ensure that by their laws both parents, regardless of their marital
status and whether they live with their children or not, share equal rights and responsibilities for
their children.
Article 16 (1) (e)
21. The responsibilities that women have to bear and raise children affect their right of access
to education, employment and other activities related to their personal development. They also
impose inequitable burdens of work on women. The number and spacing of their children have a
similar impact on women’s lives and also affect their physical and mental health, as well as that
of their children. For these reasons, women are entitled to decide on the number and spacing of
their children.
22. Some reports disclose coercive practices which have serious consequences for women,
such as forced pregnancies, abortions or sterilization. Decisions to have children or not, while
preferably made in consultation with spouse or partner, must not nevertheless be limited by
spouse, parent, partner or Government. In order to make an informed decision about safe and
reliable contraceptive measures, women must have information about contraceptive measures
and their use, and guaranteed access to sex education and family planning services, as provided
in article 10 (h) of the Convention.
23. There is general agreement that where there are freely available appropriate measures for
the voluntary regulation of fertility, the health, development and well-being of all members of
the family improve. Moreover, such services improve the general quality of life and health of
the population, and the voluntary regulation of population growth helps preserve the
environment and achieve sustainable economic and social development.
Article 16 (1) (g)
24. A stable family is one which is based on principles of equity, justice and individual
fulfilment for each member. Each partner must therefore have the right to choose a profession or
employment that is best suited to his or her abilities, qualifications and aspirations, as provided
in article 11 (a) and (c) of the Convention. Moreover, each partner should have the right to
choose his or her name, thereby preserving individuality and identity in the community and
distinguishing that person from other members of society. When by law or custom a woman is
obliged to change her name on marriage or at its dissolution, she is denied these rights.