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Ending Sex Discrimination in the Law
EQUALITY NOW – BEIJING+25
ALGERIA
The Family Code of 1984 modified by Ordinance No. 05-02
of 27 February 2005:
Article 8. It is permitted to contract marriage with more than one
wife within the limits of the Shari’a, if there is a just ground and the
conditions and intentions of equity can be fulfilled . . .
Article 11. An adult woman concludes her marriage contract in the
presence of her “wali” [guardian] who is her father or close male
relative or any other male of her choice.
Article 30. . . . It is equally temporarily prohibited: . . . The marriage
of a Muslim woman with a non-Muslim man.
Take Action – Algeria
President Abdelkader Bensalah [Interim
President]
Présidence de la République
Place Mohamed Seddik Benyahya
El Mouradia
16000 Algiers
ALGERIA
Email: president@el-mouradia.dz
mission@algeria-un.org (Mission to the
UN in New York)
Twitter: @AlgeriaUN
Article 48. Divorce is the dissolution of marriage . . . It arises from the will of the
husband, mutual consent of the spouses, or the demand of the wife as provided in articles
53 and 54 . . .
Article 53. The wife can seek a divorce on the following grounds: (i) non-payment of
maintenance . . . ; (ii) infirmities hindering realization of the objects of marriage; (iii)
refusal of the husband to cohabit with his wife for more than four months; (iv) conviction
of the husband which is of such a nature as to dishonour the family and render impossible
leading of common life and conjugal relations; (v) absence of the husband for more than
a year without a valid excuse or maintenance; (vi) violation of provisions of article 8; (vii)
an immoral act which is severely reprehensible; (viii) for persistent disagreement between
the spouses; (ix) for violation of the clauses stipulated in the marriage contract; and (x)
for any recognized legal injury.
Article 54. The wife can separate from her spouse without his agreement, for the
payment of a sum . . .
Note: Article 29 of the Constitution of Algeria: All citizens are equal before the law.
No discrimination shall prevail because of birth, race, sex, opinion or any other personal or
social condition or circumstance.
BURUNDI
Decree-Law No. 1/024 of 28th April 1993 amending the
Code of the Person and the Family:
Article 122. Spouses owe each other fidelity, help and assistance.
The husband is the head of the conjugal community. He performs
this function to which the wife contributes morally and materially
in the interests of the household and children. A wife undertakes this
function when the husband is absent or prohibited from doing so.
Take Action – Burundi
President Pierre Nkurunziza
Présidence de la République du Burundi
Boulevard de l’Indépendance
B.P.: 1870 Bujumbura
BURUNDI
Email: pierre.nkurunziza@burundi.gov.bi
Twitter: @pnkurunziza