incompatible with the Covenant. States are also requested to include information on this subject in
their reports.
5.
The right to found a family implies, in principle, the possibility to procreate and live together.
When States parties adopt family planning policies, they should be compatible with the provisions of
the Covenant and should, in particular, not be discriminatory or compulsory. Similarly, the possibility
to live together implies the adoption of appropriate measures, both at the internal level and as the
case may be, in cooperation with other States, to ensure the unity or reunification of families,
particularly when their members are separated for political, economic or similar reasons.
6.
Article 23, paragraph 4, of the Covenant provides that States parties shall take appropriate
steps to ensure equality of rights and responsibilities of spouses as to marriage, during marriage and
at its dissolution.
7.
With regard to equality as to marriage, the Committee wishes to note in particular that no
sex-based discrimination should occur in respect of the acquisition or loss of nationality by reason of
marriage. Likewise, the right of each spouse to retain the use of his or her original family name or to
participate on an equal basis in the choice of a new family name should be safeguarded.
8.
During marriage, the spouses should have equal rights and responsibilities in the family. This
equality extends to all matters arising from their relationship, such as choice of residence, running of
the household, education of the children and administration of assets. Such equality continues to be
applicable to arrangements regarding legal separation or dissolution of the marriage.
9.
Thus, any discriminatory treatment in regard to the grounds and procedures for separation
or divorce, child custody, maintenance or alimony, visiting rights or the loss or recovery of parental
authority must be prohibited, bearing in mind the paramount interest of the children in this
connection. States parties should, in particular, include information in their reports concerning the
provision made for the necessary protection of any children at the dissolution of a marriage or on
the separation of the spouses.
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