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MARITAL STATUS
WHAT’S THE ISSUE?
Sex discrimination in marital status laws renders women and
girls subordinate in many aspects of family relations before,
during, and after marriage.
Beijing Platform for Action recommendations
Strategic Objective 1.2. Ensure equality and nondiscrimination under the law and in practice.
Actions to be taken by Governments:
•• 232(d) - Review national laws, including customary laws
and legal practices in the areas of family, civil, penal, labour
and commercial law in order to ensure the implementation
of the principles and procedures of all relevant international
human rights instruments by means of national legislation,
revoke any remaining laws that discriminate on the basis of
sex and remove gender bias in the administration of justice;
What’s the impact on women and girls?
Sex discriminatory marital status laws can result in girls being
married off at a younger age than boys and facing potentially
lifelong harmful consequences. Women in polygamous
marriages may face severe financial loss, including inheritance
rights, and potentially fatal health problems such as HIV/
AIDS due to their husband having multiple sexual partners.
If women and girls are required under the law to “obey” their
husbands and/or male guardians they may face violence,
including marital rape, and be prevented from leaving the
home, working, choosing where to live, and be treated less
equally by other family members. If women and girls are not
able to divorce as easily as men they may be trapped in abusive
marriages, and when they do divorce they may face losing
custody of their children. Men may be designated the “head
of household,” unilaterally making decisions, determining, for
example, where the family lives.
The UN Working Group on discrimination against women and
girls has highlighted that failure to ensure the equality of
women and girls within the family undermines any attempt
to ensure their equality in all areas of society. In its 2018
report to the Human Rights Council, the UN Working Group
emphasized that “equality in the private domain - the family
- remains one of the biggest hurdles to achieving gender
equality.”22
What needs to change
States should take immediate steps to end discrimination
against women in family laws and practices to respect,
protect and realize women’s and girls’ rights to equality
in the family regardless of the source of family law, be it
codified, religious or customary.
The following are examples of laws which must be
amended or repealed.