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Economic consequences of marriage, family relations and their dissolution 2013, para. 10
- Paragraph text
- The constitutions or legal frameworks of a number of States parties still provide that personal status laws (relating to marriage, divorce, distribution of marital property, inheritance, guardianship, adoption and other such matters) are exempt from constitutional provisions prohibiting discrimination or reserve matters of personal status to the ethnic and religious communities within the State party to determine. In such cases, constitutional equal protection provisions and anti-discrimination provisions do not protect women from the discriminatory effects of marriage under customary practices and religious laws. Some States parties have adopted constitutions that include equal protection and non discrimination provisions but have not revised or adopted legislation to eliminate the discriminatory aspects of their family law regimes, whether they are regulated by civil code, religious law, ethnic custom or any combination of laws and practices. All these constitutional and legal frameworks are discriminatory, in violation of article 2 in conjunction with articles 5, 15 and 16 of the Convention.
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Families
- Women
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
Women’s access to justice 2015, para. 46b
- Paragraph text
- [The Committee recommends that States parties:] Consider the creation, within the same institutional framework, of gender-sensitive family judicial or quasi-judicial mechanisms to deal with issues such as property settlement, land rights, inheritance, dissolution of marriage and child custody; and
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Families
- Women
- Année
- 2015
- Date ajouter
- 19 août 2019
Paragraphe
Women’s access to justice 2015, para. 46a
- Paragraph text
- [The Committee recommends that States parties:] Adopt written family codes or personal status laws that provide for equal access to justice between spouses or partners irrespective of their religious or ethnic identity or community, in accordance with the Convention and the Committee's general recommendations;
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Families
- Women
- Année
- 2015
- Date ajouter
- 19 août 2019
Paragraphe
Women’s access to justice 2015, para. 45
- Paragraph text
- Inequality in the family underlies all other aspects of discrimination against women and is often justified in the name of ideology, tradition and culture. The Committee has repeatedly emphasized that family laws and the mechanisms of their application must comply with the principle of equality enshrined in articles 2, 15 and 16 of the Convention.
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Families
- Women
- Année
- 2015
- Date ajouter
- 19 août 2019
Paragraphe
Economic consequences of marriage, family relations and their dissolution 2013, para. 52
- Paragraph text
- The laws or practices of some States parties restrict the use of a will to override discriminatory laws and customs and increase women's share of inheritance. States parties are obligated to adopt laws relating to the making of wills that provide equal rights to women and men as testators, heirs and beneficiaries.
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Families
- Men
- Women
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
Economic consequences of marriage, family relations and their dissolution 2013, para. 47
- Paragraph text
- [States parties should provide for equal formal and de facto legal capacity to own and manage property. To achieve both formal and substantive equality with respect to property rights upon the dissolution of marriage, States parties are strongly encouraged to provide for:] Adequate housing to replace the use of the family home.
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Families
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
Economic consequences of marriage, family relations and their dissolution 2013, para. 46
- Paragraph text
- States parties are obligated to provide, upon divorce and/or separation, for equality between the parties in the division of all property accumulated during the marriage. States parties should recognize the value of indirect, including non financial, contributions with regard to the acquisition of property acquired during the marriage.
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Families
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
Economic consequences of marriage, family relations and their dissolution 2013, para. 45
- Paragraph text
- The guiding principle should be that the economic advantages and disadvantages related to the relationship and its dissolution should be borne equally by both parties. The division of roles and functions during the spouses' life together should not result in detrimental economic consequences for either party.
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Families
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
Economic consequences of marriage, family relations and their dissolution 2013, para. 36
- Paragraph text
- A number of States parties retain discriminatory systems of property management during the marriage. Some retain laws stating that the man is the head of the household, thus giving him the role of sole economic agent as well.
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Harmful Practices
- Social & Cultural Rights
- Personnes concernées
- Families
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
Economic consequences of marriage, family relations and their dissolution 2013, para. 29
- Paragraph text
- States parties that provide for registered partnerships must ensure equal rights, responsibilities and treatment between the partners in economic matters addressed by the legislation on those partnerships. The recommendations contained below apply mutatis mutandis in States parties that recognize registered partnerships in their legal order.
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Families
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
Economic consequences of marriage, family relations and their dissolution 2013, para. 22
- Paragraph text
- In some States parties, the law also provides for registered partnerships and establishes rights and responsibilities between the parties. States may extend social and tax benefits to registered partnerships to varying degrees.
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Families
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
Economic consequences of marriage, family relations and their dissolution 2013, para. 20
- Paragraph text
- Some States parties do not require registration of religious and customary marriages in order for them to be valid. Unregistered marriages may be substantiated by production of a marriage contract, witness accounts of the rituals or other means, as appropriate in the circumstances.
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- Families
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
Economic consequences of marriage, family relations and their dissolution 2013, para. 13
- Paragraph text
- The extent to which individuals are free to choose their religious or customary adherence and practice varies, as does their freedom to challenge the discrimination against women enshrined in the laws and customs of their State or community.
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- Families
- Women
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
Equality in marriage and family relations 1994, para. 46
- Paragraph text
- Their laws still contain many measures which discriminate against women based on norms, customs and sociocultural prejudices. These States, because of their specific situation regarding these articles, make it difficult for the Committee to evaluate and understand the status of women.
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- Families
- Women
- Année
- 1994
- Date ajouter
- 19 août 2019
Paragraphe
Equality in marriage and family relations 1994, para. 33
- Paragraph text
- In many countries, property accumulated during a de facto relationship is not treated at law on the same basis as property acquired during marriage. Invariably, if the relationship ends, the woman receives a significantly lower share than her partner. Property laws and customs that discriminate in this way against married or unmarried women with or without children should be revoked and discouraged.
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Children
- Families
- Women
- Année
- 1994
- Date ajouter
- 19 août 2019
Paragraphe
Equality in marriage and family relations 1994, para. 27
- Paragraph text
- In countries that are undergoing a programme of agrarian reform or redistribution of land among groups of different ethnic origins, the right of women, regardless of marital status, to share such redistributed land on equal terms with men should be carefully observed.
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Economic Rights
- Social & Cultural Rights
- Personnes concernées
- Families
- Men
- Women
- Année
- 1994
- Date ajouter
- 19 août 2019
Paragraphe
Equality in marriage and family relations 1994, para. 20
- Paragraph text
- 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.
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Children
- Families
- Année
- 1994
- Date ajouter
- 19 août 2019
Paragraphe
Equality in marriage and family relations 1994, para. 13
- Paragraph text
- 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.
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Families
- Women
- Année
- 1994
- Date ajouter
- 19 août 2019
Paragraphe
Equality in marriage and family relations 1994, para. 4
- Paragraph text
- The year 1994 has been designated by the General Assembly in its resolution 44/82 as the International Year of the Family. The Committee wishes to take the opportunity to stress the significance of compliance with women's basic rights within the family as one of the measures which will support and encourage the national celebrations that will take place.
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Families
- Women
- Année
- 1994
- Date ajouter
- 19 août 2019
Paragraphe
Equality in marriage and family relations 1994, para. 3
- Paragraph text
- The Convention on the Elimination of All Forms of Discrimination against Women recalls the inalienable rights of women which are already embodied in the above-mentioned conventions and declarations, but it goes further by recognizing the importance of culture and tradition in shaping the thinking and behaviour of men and women and the significant part they play in restricting the exercise of basic rights by women.
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Families
- Men
- Women
- Année
- 1994
- Date ajouter
- 19 août 2019
Paragraphe
Unpaid women workers in rural and urban family enterprises 1992, para. (c)
- Paragraph text
- [Recommends that States parties:] Take the necessary steps to guarantee payment, social security and social benefits for women who work without such benefits in enterprises owned by a family member.
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Personnes concernées
- Families
- Women
- Année
- 1992
- Date ajouter
- 19 août 2019
Paragraphe
Unpaid women workers in rural and urban family enterprises 1992, para. (b)
- Paragraph text
- [Recommends that States parties:] Collect statistical data on women who work without payment, social security and social benefits in enterprises owned by a family member, and include these data in their report to the Committee;
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Personnes concernées
- Families
- Women
- Année
- 1992
- Date ajouter
- 19 août 2019
Paragraphe
Unpaid women workers in rural and urban family enterprises 1992, para. 2
- Paragraph text
- Taking into consideration that a high percentage of women in the States parties work without payment, social security and social benefits in enterprises owned usually by a male member of the family,
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Gender
- Social & Cultural Rights
- Personnes concernées
- Families
- Women
- Année
- 1992
- Date ajouter
- 19 août 2019
Paragraphe
Gender-based violence against women, updating general recommendation No. 19 2017, para. 30a
- Paragraph text
- [The Committee recommends that States parties implement the following preventive measures:] Adopt and implement effective legislative and other appropriate preventive measures to address the underlying causes of gender-based violence against women, including patriarchal attitudes and stereotypes, inequality in the family and the neglect or denial of women’s civil, political, economic, social and cultural rights, and to promote the empowerment, agency and voices of women;
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Violence
- Personnes concernées
- Families
- Women
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Economic consequences of marriage, family relations and their dissolution 2013, para. 53
- Paragraph text
- [States parties are obligated to adopt laws of intestate succession that comply with the principles of the Convention. Such laws should ensure:] That customary succession to use rights or title to land cannot be conditioned on forced marriage to a deceased spouse's brother (levirate marriage) or any other person, or on the existence or absence of minor children of the marriage.
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Children
- Families
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
Economic consequences of marriage, family relations and their dissolution 2013, para. 24
- Paragraph text
- Certain forms of relationships (namely, same-sex relationships) are not legally, socially or culturally accepted in a considerable number of States parties. However, where they are recognized, whether as a de facto union, registered partnership or marriage, the State party should ensure protection of the economic rights of the women in those relationships.
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- Families
- LGBTQI+
- Women
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
Economic consequences of marriage, family relations and their dissolution 2013, para. 18
- Paragraph text
- States parties are obligated to address the sex- and gender-based discriminatory aspects of all the various forms of family and family relationships. In respect of discrimination against women, they must address patriarchal traditions and attitudes and open family law and policy with the same scrutiny that is given to the "public" aspects of individual and community life.
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Personnes concernées
- Families
- Women
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
Economic consequences of marriage, family relations and their dissolution 2013, para. 14
- Paragraph text
- The Committee has consistently expressed concern that identity-based personal status laws and customs perpetuate discrimination against women and that the preservation of multiple legal systems is in itself discriminatory against women. The lack of individual choice relating to the application or observance of particular laws and customs exacerbates this discrimination.
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Families
- Women
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
Economic consequences of marriage, family relations and their dissolution 2013, para. 5
- Paragraph text
- Regardless of the vast range of economic arrangements within the family, women in both developing and developed countries generally share the experience of being worse off economically than men in family relationships and following the dissolution of those relationships. Social security systems, nominally designed to improve economic status, may also discriminate against women.
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- Families
- Men
- Women
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
Women’s access to justice 2015, para. 46c
- Paragraph text
- [The Committee recommends that States parties:] In settings in which there is no unified family code and in which there exist multiple family law systems, such as civil, indigenous, religious and customary law systems, ensure that personal status laws provide for individual choice as to the applicable family law at any stage of the relationship. State courts should review the decisions taken by all other bodies in that regard.
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Ethnic minorities
- Families
- Women
- Année
- 2015
- Date ajouter
- 19 août 2019
Paragraphe