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Equality in marriage and family relations 1994, para. 10
- Paragraph text
- Migrant women who live and work temporarily in another country should be permitted the same rights as men to have their spouses, partners and children join them.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Children
- Families
- Men
- Persons on the move
- Women
- Year
- 1994
- Date added
- Aug 19, 2019
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 58
- Paragraph text
- Another aspect of States’ failure to protect children in the context of humanitarian responses is the alarming practice of child detention owing to their irregular migration status. The Committee on the Rights of the Child and other human rights mechanisms have underscored that immigration-related detention of children can never be in their best interests and that, no matter whether they are unaccompanied or with their families, their detention constitutes a violation of their rights that, at times, may amount to “torture and ill-treatment”. The reasons invoked by States to resort to immigration-related detention of children include health and security screening, identity verification, protection and the facilitation of removal from the country. Alternatives to child detention should be sought. Children should be allowed to reside in a community-based context while their immigration status is being resolved. Good practices of such alternatives include the child-sensitive community assessment and placement model.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 56
- Paragraph text
- While some refugee and internally displaced persons camps have separate facilities for unaccompanied or separated children, they often lack family-based solutions and have very limited capacity to face the increasing number of unaccompanied or separated children. As a consequence, children share their living space with adults or are held in prolonged detention. In addition, even when children are offered a separated living area, those are often easily accessible to everyone, especially during night-time. Moreover, certain camps fail to provide basic amenities, such as appropriate health-care services or gender-differentiated sanitation. The lack of adequate lightning, the layout of some camps and a shortage of security personnel further increase the vulnerability of children to abuse. Finally, the reluctance of many European countries to provide refugee children with a safe and permanent home continues to aggravate the situation by prolonging the stay of children in the facilities.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Humanitarian
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Women’s access to justice 2015, para. 65d
- Paragraph text
- [Many countries have made reservations to:] Article 16, which indicates that States parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Families
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Families
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Economic consequences of marriage, family relations and their dissolution 2013, para. 4
- Paragraph text
- The economic consequences for women of marriage, divorce, separation and death have been of growing concern to the Committee. Research conducted in some countries has found that while men usually experience smaller, if not minimal, income losses after divorce and/or separation, many women experience a substantial decline in household income and increased dependence on social welfare, where it is available. Throughout the world, female-headed households are the most likely to be poor. Their status is inevitably affected by global developments such as the market economy and its crises; women's increasing entry into the paid workforce and their concentration in low-paying jobs; persistent income inequality within and between States; growth in divorce rates and in de facto unions; the reform of social security systems or the launching of new ones; and, above all, the persistence of women's poverty. Despite women's contributions to the economic well-being of the family, their economic inferiority permeates all stages of family relationships, often owing to their responsibility for dependants.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Poverty
- Person(s) affected
- Families
- Men
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Equality in marriage and family relations 1994, para. 37
- Paragraph text
- This not only affects women personally but also limits the development of their skills and independence and reduces access to employment, thereby detrimentally affecting their families and communities.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Families
- Women
- Year
- 1994
- Date added
- Aug 19, 2019
Paragraph
Equality in marriage and family relations 1994, para. 25
- Paragraph text
- The rights provided in this article overlap with and complement those in article 15 (2) in which an obligation is placed on States to give women equal rights to enter into and conclude contracts and to administer property.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Families
- Women
- Year
- 1994
- Date added
- Aug 19, 2019
Paragraph
Equality in marriage and family relations 1994, para. 15
- Paragraph text
- While most countries report that national constitutions and laws comply with the Convention, custom, tradition and failure to enforce these laws in reality contravene the Convention.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 1994
- Date added
- Aug 19, 2019
Paragraph
Equality in marriage and family relations 1994, para. Article 15.4
- Paragraph text
- [Article 15]: States parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Families
- Men
- Women
- Year
- 1994
- Date added
- Aug 19, 2019
Paragraph
Equality in marriage and family relations 1994, para. Article 15.3
- Paragraph text
- [Article 15]: States parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Families
- Women
- Year
- 1994
- Date added
- Aug 19, 2019
Paragraph
Equality in marriage and family relations 1994, para. 5
- Paragraph text
- Having chosen in this way to mark the International Year of the Family, the Committee wishes to analyse three articles in the Convention that have special significance for the status of women in the family:
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Families
- Women
- Year
- 1994
- Date added
- Aug 19, 2019
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 60
- Paragraph text
- In addition, States’ capacities and approach to implementing durable solutions for children vary. While some prioritize child protection, others look at it as a matter of security, do not consider such situations as their responsibility or do not have the capacity to provide child protection in conflict- and disaster-affected areas. Concerns have been raised about the policy adopted by some States to discourage unaccompanied children in transit to apply for asylum or any other form of protection. In Europe, in particular, States’ responses are very fragmented. In places where migrants or refugees reside, including reception centres, refugee camps or informal settlements, unaccompanied children are viewed as young people in transit for whom local integration is not a suitable option. While family reunification applies in such cases, it is rarely implemented in practice, owing to, among other reasons, the restricted concept of family (limited to close relatives only) which does not take into account the diversity in type and composition of families across regions. In addition, the process for family reunification is often lengthy and complex.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Rights of rural women 2016, para. 16
- Paragraph text
- Under article 14, paragraph 1, States parties are required to take into account the particular problems faced by rural women and the significant roles that they play in the economic survival of families, including their work in the non-monetized sectors of the economy. Inclusive and sustainable development must uphold the rights of rural women, underscoring their role as key actors and fully acknowledging the economic value of their paid and unpaid work.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Families
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Families
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 24
- Paragraph text
- The payment of dowries and bride prices, which varies among practising communities, may increase the vulnerability of women and girls to violence and to other harmful practices. The husband or his family members may engage in acts of physical or psychological violence, including murder, burning and acid attacks, for failure to fulfil expectations regarding the payment of a dowry or its size. In some cases, families will agree to the temporary "marriage" of their daughter in exchange for financial gains, also referred to as a contractual marriage, which is a form of trafficking in human beings. States parties to the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography have explicit obligations with regard to child and/or forced marriages that include dowry payments or bride prices because they could constitute a sale of children as defined in article 2 (a) of the Protocol. The Committee on the Elimination of Discrimination against Women has repeatedly stressed that allowing marriage to be arranged by such payment or preferment violates the right to freely choose a spouse and has in its general recommendation No. 29 outlined that such practice should not be required for a marriage to be valid and that such agreements should not be recognized by a State party as enforceable.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Harmful Practices
- Violence
- Person(s) affected
- Children
- Families
- Girls
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 23
- Paragraph text
- Forced marriages are marriages in which one and/or both parties have not personally expressed their full and free consent to the union. They may be manifested in various forms, including child marriage, as indicated above, exchange or trade-off marriages (i.e. baad and baadal), servile marriages and levirate marriages (coercing a widow to marry a relative of her deceased husband). In some contexts, a forced marriage may occur when a rapist is permitted to escape criminal sanctions by marrying the victim, usually with the consent of her family. Forced marriages may occur in the context of migration in order to ensure that a girl marries within the family's community of origin or to provide extended family members or others with documents to migrate to and/or live in a particular destination country. Forced marriages are also increasingly being used by armed groups during conflict or may be a means for a girl to escape post-conflict poverty. Forced marriage may also be defined as a marriage in which one of the parties is not permitted to end or leave it. Forced marriages often result in girls lacking personal and economic autonomy and attempting to flee or commit self-immolation or suicide to avoid or escape the marriage.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Families
- Girls
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
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 "property dispossession/grabbing" is criminalized, and that offenders are duly prosecuted.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
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 disinheritance of the surviving spouse is prohibited.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
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:] Equal treatment of surviving females and males.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Families
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Families
- Men
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Economic consequences of marriage, family relations and their dissolution 2013, para. 48
- Paragraph text
- States parties should undertake research and policy studies on women's economic status within the family and upon the dissolution of family relationships and publish the results in accessible forms.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Gender
- Governance & Rule of Law
- Person(s) affected
- Families
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Families
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Families
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Families
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Economic consequences of marriage, family relations and their dissolution 2013, para. 40
- Paragraph text
- [States parties should:] Eliminate differences in the standards of fault for wives and for husbands, such as requiring proof of greater infidelity by a husband than by a wife as a basis for divorce.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Harmful Practices
- Person(s) affected
- Families
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Economic consequences of marriage, family relations and their dissolution 2013, para. 40
- Paragraph text
- [States parties should:] Revise provisions relating to fault-based divorce in order to provide compensation for the contributions made by the wife to the family's economic well-being during the marriage.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Economic consequences of marriage, family relations and their dissolution 2013, para. 40
- Paragraph text
- [States parties should:] Revise provisions linking grounds for divorce and financial consequences in order to eliminate opportunities for husbands to abuse these provisions and thereby to avoid any financial obligations towards their wives.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Harmful Practices
- Person(s) affected
- Families
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Economic consequences of marriage, family relations and their dissolution 2013, para. 38
- Paragraph text
- States parties should provide for equal access by both spouses to the marital property and equal legal capacity to manage it. They should ensure that the right of women to own, acquire, manage, administer and enjoy separate or non-marital property is equal to that of men.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Families
- Men
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- Families
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph