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Titre | Date ajouter | Modèle | Document | Paragraph text | Organe | Type de document | Thematics | Thèmes | Personnes concernées | Année |
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Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 48 | 19 août 2019 | Paragraph | Several States have no secular family code and regulate personal status either by integrating religious laws on the family into constitutional or legislative provisions or by granting religious authorities or religious tribunals jurisdiction over personal status so that they may apply the family codes derived from the sacred texts. Currently, a large number of States that have Islam as their State religion, such as the Islamic and Arab republics, regulate the personal status of all citizens by applying Islamic law from the Koran and the Sunna. Although the notion of the equality of men and women before the law is often incorporated in their constitutions, some States maintain that this equality does not apply in the case of laws on the family and on marital or personal status. Some States that recognize the legal competence of a majority religion in the State also grant non-majority religions jurisdiction over their own communities of faithful, such as Lebanon (Muslim majority), India (Hindu majority) and Israel (Jewish majority). | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2015 | ||
Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 84 | 19 août 2019 | Paragraph | Elimination of discrimination against women in political and public life necessitates reform of nationality laws. Women's capacity to participate in political and public life is defined by their citizenship and nationality, but nationality laws often discriminate against women, particularly when they require a single nationality in a family and the wife's nationality is treated as dependent on her husband's. In effect, women lose their nationality upon marriage with a foreign husband, particularly if both countries of the spouses follow the principle of dependent nationality. If the country of the husband does not follow this principle, then the wife is at risk of becoming stateless, denying her the right to legitimately participate in the political and public life of any country. Laws which require women to seek permission from their husbands, or other family members traditionally defined as their guardians, in acquiring passports and other identity documents also potentially undermine women's capacity to equal participation in political and public life, including through limited freedom of movement. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2013 | ||
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 44 | 19 août 2019 | Paragraph | The first process is the elimination of discriminatory laws on the family and the promotion of gender equality within secular law systems. This sort of legal reform took place in some of these systems from the end of the nineteenth century, when many States reformed their laws on the family by separating religion from the State and introducing measures to promote women's equality within marriage and the family, including the right of married women to conclude contracts, own property, inherit, divorce, and have guardianship and custody of children, on an equal basis with men. Secular family law systems thus moved from being patriarchal to adopting a more egalitarian approach, which now represents good practice in ensuring gender equality in the family. A recent example is the Marriage Law in China, as amended in 2001, which nullified all bigamous marriages and all marriages in which one of the parties had not reached the legal minimum age for marriage, repealing traditionalist patriarchal laws on the family and affirming gender equality in the family. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2015 | ||
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 73c (viii) | 19 août 2019 | Paragraph | [The Working Group recommends that States:] Guarantee women's de jure and de facto right to equality in family diversity: In countries where several legal systems coexist, establish and implement national mechanisms to ensure the effective implementation of guarantees of equality and non-discrimination between men and women in all areas and at all levels, offering women, especially rural and indigenous women, the possibility of removing themselves from the arbitral authority and jurisdiction of customary institutions. Bring parallel customary, religious and indigenous law systems into line with international human rights law, particularly in respect of gender equality, while acknowledging the importance of the wealth and diversity of culture and traditions. Grant women the right to appeal, in State courts, decisions of religious, customary or indigenous authorities, whether formal or informal, that have violated their right to equality; | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2015 | ||
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 33 | 19 août 2019 | Paragraph | 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. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2015 | ||
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 70 | 19 août 2019 | Paragraph | Ensuring access to justice for women and girls who have suffered discrimination within the family or in cultural life is part of the State obligation to protect and respect their right to equality. This access must be guaranteed at the legislative and institutional levels. This means, for example, revising all additional laws that affect family and personal status matters, a process in which women must be involved. Also concerned are auxiliary regulations, including special measures adopted, where necessary, in such areas as taxation, social security, retirement benefits, survivors' benefits, rights relating to nationality and the right to family reunification, to ensure women and girls' de facto equality in the various types of family. Women must take part in the formulation and interpretation of national laws, including those relating to family affairs. At the institutional level, they must be involved, on an equal footing, in policy development and judicial bodies so as to ensure that the principle of equality is effectively applied and that decisions handed down demonstrate respect for gender equality. Improving access to justice for women also requires gender-equality training for State authorities and non-State officials responsible for law enforcement, social services and education and for medical and forensic personnel. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2015 | ||
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 43 | 19 août 2019 | Paragraph | Reforming family codes is essential to establishing, in national legislation, women's equal status in marriage and the family structure. Two types of process can be observed with regard to the promotion of gender equality in family law. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2015 | ||
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 47 | 19 août 2019 | Paragraph | Moreover, some secular family law systems allow family matters to be decided in parallel religious or customary law systems, whether formal or informal. The implications for women's right to equality of such systems are discussed in the sections on plural legal systems. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2015 | ||
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 71 | 19 août 2019 | Paragraph | The cultural construction of gender makes women's subjection to gender-based discrimination and violence appear to be inherent and immutable. The patriarchal family is the product of this construction and the most important social mechanism for its perpetuation. Women and girls' human potential is restricted in families. The recognition that women's rights are human rights and that they are universal and indivisible has laid bare the adverse impact of this gender construction on women and girls in families and communities. The need for a paradigm shift has been clearly set out in international human rights law, which, since 1948, has established women's right to equality in all spheres of life, in culture and in the family. As Eleanor Roosevelt said as far back as 1958: "Where, after all, do universal human rights begin? In small places, close to home - so close and so small that they cannot be seen on any maps of the world. […] Such are the places where every man, woman, and child seeks equal justice, equal opportunity, equal dignity without discrimination. Unless these rights have meaning there, they have little meaning anywhere." | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2015 | ||
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 50 | 19 août 2019 | Paragraph | Reforms to introduce a measure of equality for women in family law have come about in two different ways in countries where family law was based solely on religious law. The first involves reform based on religious interpretation (hermeneutics). The Committee on the Elimination of Discrimination against Women has argued, in several of its concluding observations, that evolving customs and the variety of possible interpretations of religious law offer potential for progress towards equality, while at the same time encouraging States parties to move in that direction. Reforms of religious family codes, based on interpretations of sacred texts that favour equality, have taken place in some Muslim-majority countries, which have carried out legislative reforms founded on progressive interpretations of sharia. For example, Tunisia was one of the first countries with Islam as the State religion to enact a progressive Personal Status Code guaranteeing gender equality; in 2004, Morocco embarked on a far-reaching reform of its family law, paving the way for significant progress towards gender equality; Tunisia, Turkey and Benin have adopted legislation against polygamy; in Indonesia, Islamic tribunals institutionalized the appointment of women judges in religious tribunals in 1989, thus encouraging more gender-sensitive rulings. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2015 | ||
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 46 | 19 août 2019 | Paragraph | In some secular family law systems, elements of discrimination remain, for example a lower legal minimum age for marriage for girls and discriminatory provisions on inheritance rights, divorce and recognition of same-sex couples. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2015 | ||
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 74b | 19 août 2019 | Paragraph | [The Working Group recommends that international and regional human rights mechanisms:] Conduct empirical studies on family diversity and the strategic implications of protecting human rights for the family and for all its members, on an equal basis; | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2015 | ||
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 23 | 19 août 2019 | Paragraph | The family exists in various forms. The expression "diverse families" encompasses, for example, single-parent families; families headed by women; intergenerational families including, among others, grandparents; families headed by children, such as orphans or street children; families comprising lesbian, gay, bisexual, transgender and intersex (LGBTI) persons; extended families; self-created and self-defined families; families without children; families of divorced persons; polygamous families; and non-traditional families resulting from interreligious, intercommunity or inter-caste marriages. Self-created and self-defined families include, in particular, families formed in marginalized communities. In all these different forms of family, women tend to be subject to legal sanctions and to experience difficult social and economic situations. Indigenous and minority women and women living in strict patriarchal, religious, traditional or caste systems are more likely to be found in these forms of family and are especially vulnerable to early and/or forced marriage, while men may have multiple households or second families with their de facto spouses or partners. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2015 | ||
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 24 | 19 août 2019 | Paragraph | The different forms of family and their recognition by the State are influenced by a multitude of normative factors, such as culture, religion and caste, and behavioural factors, such as livelihoods, sexuality and social status. Although several international forums recognize family diversity, including "in different cultural, political and social systems", many of the aforementioned non-traditional forms of family are not recognized by all States. The family is often defined by legal systems as a unit founded on marriage between a man and a woman, affecting rights relating to, for example, inheritance, property, child custody, pensions, tax relief and social service provision. Laws and public institutions in some States require a male family member or male guardian to initiate or conclude official transactions, thus placing families headed by women or consisting solely of women at a disadvantage. Families headed by women, like those headed by children, are more seriously affected by poverty because of the discrimination they suffer. Given that State recognition is often a condition for families to receive services and benefits, such as accommodation and protection provided by the State and/or non-State actors, lack of recognition leads to the marginalization of these families. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2015 | ||
Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 67 | 19 août 2019 | Paragraph | Domestic violence is public as well as private in its debilitating impact on women. It can also be used directly as a form of punishment by resentful husbands or other family members against wives or female relatives who become leaders in their community. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2013 | ||
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 69 | 19 août 2019 | Paragraph | The State has an obligation to punish and to put an end to impunity and excuses or justification that perpetuate gender-based discrimination in cultural and family life. The State also has an obligation to afford redress for the harm suffered by women, including by providing for compensation, restitution, guarantees of non-repetition and even preventive measures. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2015 | ||
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 74c | 19 août 2019 | Paragraph | [The Working Group recommends that international and regional human rights mechanisms:] Explore the establishment of an essential framework of minimum legal protection for all types of family, including self-created or self-defined families, that would guarantee women's fundamental rights in the family, in accordance with international law. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2015 | ||
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 73c (vi) | 19 août 2019 | Paragraph | [The Working Group recommends that States:] Guarantee women's de jure and de facto right to equality in family diversity: Prohibit and punish domestic violence, including incest and marital rape, and provide measures to protect women and girls who are victims of such violence, such as protection orders and shelters; | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2015 | ||
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 73b (i) | 19 août 2019 | Paragraph | [The Working Group recommends that States:] Promote a culture free of discrimination: (i) Establish an executive body that applies the due diligence framework (prevention, protection, prosecution, punishment and redress), addressing all forms of discrimination against women in cultural and family life, including by non-State actors; | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2015 | ||
Compendium of good practices in the elimination of discrimination against women 2017, para. 54 | 19 août 2019 | Paragraph | In 2013, Parliament passed a law on the equal rights and equal opportunities of women and men. The law reiterated the constitutional guarantee of gender equality, defined gender discrimination and contained provisions against direct and indirect discrimination. However, the law generated a great deal of social controversy and backlash because of the perception that it represented an attack on “family values”. Women’s civil society organizations became targets of harassment and protests erupted, with demonstrators calling the law “national treason”. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2017 | ||
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 73c (ix) | 19 août 2019 | Paragraph | [The Working Group recommends that States:] Guarantee women's de jure and de facto right to equality in family diversity: Make the formal State legal system accessible to all women, regardless of their social status, and address the shortcomings of the formal system. Formal justice should be preferred to informal justice for the settlement of all family matters, including those relating to sexual violence and domestic violence; | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2015 | ||
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 32 | 19 août 2019 | Paragraph | 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. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2015 | ||
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 73c (iii) | 19 août 2019 | Paragraph | [The Working Group recommends that States:] Guarantee women's de jure and de facto right to equality in family diversity: Establish appropriate solutions, remedies and redress to ensure respect for the rights and well-being of women and girls living in the forms of marriage referred to above, including the possibility for them to leave such marriages with their share of the matrimonial assets, custody of their children and the right to remarry; | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2015 | ||
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 73d (vi) | 19 août 2019 | Paragraph | [According to general recommendation No. 29 of the Committee on the Elimination of Discrimination against Women, the family is a social and legal construct and, in various countries, a religious construct. It also is an economic construct. The Working Group recommends that States:] Assess, quantify and take account of the impact of women and girls' status in the family in all poverty-reduction policies. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2015 | ||
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 66 | 19 août 2019 | Paragraph | To prevent any violation in cultural and family life, the State must challenge cultural discourse and cultural norms that discriminate against women and perpetuate structural discrimination, taboos or stereotypes based on gender. Attitudes and behaviours towards women must be changed, and women's access to employment, education and finance, as well as the safety of their homes and children, must be ensured by the State in order to reduce gender inequalities. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2015 | ||
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 73d (v) | 19 août 2019 | Paragraph | [According to general recommendation No. 29 of the Committee on the Elimination of Discrimination against Women, the family is a social and legal construct and, in various countries, a religious construct. It also is an economic construct. The Working Group recommends that States:] Recognize women as heads of family on an equal basis with men so that they may enjoy the same financial or social benefits; | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2015 | ||
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 73d (ii) | 19 août 2019 | Paragraph | [According to general recommendation No. 29 of the Committee on the Elimination of Discrimination against Women, the family is a social and legal construct and, in various countries, a religious construct. It also is an economic construct. The Working Group recommends that States:] Ensure that women are free to participate in economic activities outside the house or village, without the supervision of male relatives; | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2015 | ||
Eliminating discrimination against women in the area of health and safety, with a focus on the instrumentalization of women's bodies 2016, para. 52 | 19 août 2019 | Paragraph | The pattern of physical, sexual and psychological abuse of migrant domestic workers is widespread. These women are often exposed to health and safety risks without being provided with proper information or adequate protection. Furthermore, the working and living conditions of many undocumented domestic workers, which are tantamount to slavery, and the separation from family members cause serious health, particularly mental health, problems. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2016 | ||
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 73c (v) | 19 août 2019 | Paragraph | [The Working Group recommends that States:] Guarantee women's de jure and de facto right to equality in family diversity: Repeal all laws that support the patriarchal oppression of women in families, such as laws that exclude marital rape from the crime of rape, laws that grant pardon to rapists who marry their victims and laws that criminalize adultery; | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2015 | ||
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 25 | 19 août 2019 | Paragraph | It is the opinion of the Working Group that the understanding and legal definition of the family in national legislation should be extended to recognize different forms of family. The recognition of same-sex couples, for both women and men, and other forms of family is an example of good practice that a number of States have already implemented. In this regard, the Inter-American Court of Human Rights has confirmed that mothers who are lesbians should not be deprived of custodial rights over their children. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2015 |