A/HRC/29/40 31. The family is the basic unit of society and, as such, should be strengthened. It is entitled to receive comprehensive protection and support.23 The family plays a key role in social development and in the growth and well-being of children, including girls. Women and girls’ ability to act and participate in the different aspects of life in society derives mainly from respect for their right to equality with men and boys in the family. In this context, the Working Group deems it essential for families to be formed in such a way that women and girls’ right to equality is fully recognized, respected, protected, fulfilled and promoted. 32. The Human Rights Council, however, in its resolution 26/11 on the protection of the family, did not reaffirm the right of women to equality in the family. In October 2014, the special procedures mandate holders issued a statement calling on the Council to ensure that the right to equality between women and men, and girls and boys, was included in all future resolutions concerning the family. 24 33. Several States, in the name of culture or religion, have entered reservations to article 16 of the Convention on the Elimination of All Forms of Discrimination against Women, which requires gender equality in marriage and the family. Withdrawal of reservations to article 16 of the Convention, and also to articles 2 and 5, represents good practice and a vital step towards the establishment of an effective legal framework to protect the rights of women in the family and in cultural life. Morocco and Tunisia have thus recently withdrawn reservations to the Convention, including to article 16. The Working Group shares the opinion of the Committee on the Elimination of Discrimination against Women to the effect that reservations to articles 2 and 16 are incompatible with the object and purpose of the Convention, and it reiterates the importance of States’ withdrawing their reservations to these articles, and to article 5, so as to ensure gender equality in cultural and family life. It is the responsibility of States to respect their international commitments and the clear choices they have made regarding the primacy of international legal standards on gender equality over national secular, religious or customary legal standards. 3. Manifestations of discrimination against women in the family 34. 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. 35. In many cultures and religions, wives have a duty of obedience, and husbands have the right to punish their wives, including physically. The provision of sexual services by wives is deemed part of their duty to obey their husbands, 25 and marital rape is not prohibited.26 The Working Group welcomes the introduction of laws criminalizing domestic violence in around 130 countries but finds it regrettable that only 52 countries explicitly 23 24 25 26 10 Report of the Fourth World Conference on Women, Beijing, 4–15 September 1995 (A/CONF.177/20/Rev.1), Beijing Platform for Action, para. 29. A/HRC/28/41, annex x. E/CN.4/2002/73/Add.2, para. 124. In some religions, such as Judaism, marital rape is forbidden. GE.15-07003