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CEDAW Article 16 - Article 16 1. States Parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and in particular shall ensure, on a basis of equality of men and women: (a) The same right to enter into marriage; (b) The same right freely to choose a spouse and to enter into marriage only with their free and full consent; (c) The same rights and responsibilities during marriage and at its dissolution; (d) The same rights and responsibilities as parents, irrespective of their marital status, in matters relating to their children; in all cases the interests of the children shall be paramount; (e) The same rights to decide freely and responsibly on the number and spacing of their children and to have access to the information, education and means to enable them to exercise these rights; (f) The same rights and responsibilities with regard to guardianship, wardship, trusteeship and adoption of children, or similar institutions where these concepts exist in national legislation; in all cases the interests of the children shall be paramount; (g) The same personal rights as husband and wife, including the right to choose a family name, a profession and an occupation; (h) The same rights for both spouses in respect of the ownership, acquisition, management, administration, enjoyment and disposition of property, whether free of charge or for a valuable consideration. 2. The betrothal and the marriage of a child shall have no legal effect, and all necessary action, including legislation, shall be taken to specify a minimum age for marriage and to make the registration of marriages in an official registry compulsory.
9 Related Recommendations
No Recommendation Convention/Treaty Body
CEDAW - 31 The State party should revise its nationality laws in order to remove discrimination against foreign women who have children with Maldivian men out of wedlock with regard to the transmission of nationality. Convention on the Elimination of All Forms of Discrimination against Women 
CEDAW - 9 The State party should ensure the full implementation of the Convention and, to that end, recommends that it honour its commitment to withdrawing its reservation to article 16 (2) within a clear time frame and to reviewing its reservation to article 16 (1), with a view to fully withdrawing it, taking into consideration the practices of countries with similar religious backgrounds and legal systems that have successfully harmonized their national legislation with international human rights obligations and consultations with civil society, in particular women’s organizations. Convention on the Elimination of All Forms of Discrimination against Women 
2021-14 (c) 14 (c) Expedite the reform of its family law, with a view to bringing it into full conformity with the Convention and ensuring that all discriminatory provisions are repealed or amended, ensuring that women are involved in the consultation and review process Convention on the Elimination of All Forms of Discrimination against Women 
2021-52.(b) 52.(b) Modify its legislation and policies in order to eliminate the forced sterilization of persons in the State Party and ensure the full and informed consent of all persons to all medical procedures Convention on the Elimination of All Forms of Discrimination against Women 
2021-54. 54. Recalling its previous concluding observations (CEDAW/C/MDV/CO/4-5, para. 45), the Committee recommends that the State party: (a) As a matter of urgency, decriminalize, and abolish the imposition of flogging or the death penalty for, consensual sexual relations outside marriage Convention on the Elimination of All Forms of Discrimination against Women 
2021-54.(b) 54. (b) Amend legislation to ensure that survivors of sexual violence are not prosecuted for sexual relations outside marriage if they press charges that later cannot be proved Convention on the Elimination of All Forms of Discrimination against Women 
2021-54.(c) 54. (c) Develop a centralized civil register and enforce the mandatory registration of all marriages, including through sanctions Convention on the Elimination of All Forms of Discrimination against Women 
2021-54.(e) 54. (e) Adopt legislation to ensure that men and women have equal rights in divorce, including equal grounds and procedures for obtaining a divorce, as well as equal distribution of marital property upon divorce, including land, in line with the Committee’s general recommendation No. 29 (2013) on the economic consequences of marriage, family relations and their dissolution Convention on the Elimination of All Forms of Discrimination against Women 
2021-12. 12. The Committee reiterates its previous recommendation (CEDAW/C/MDV/CO/4-5, para. 9) and urges the State party to expedite its efforts towards withdrawing its reservations to article 16 (1) (a), (c), (d) and (f) of the Convention, which are incompatible with the object and purpose of the Convention and constitute an obstacle to the implementation of the Convention as a whole, as the Committee stated in its general recommendations No. 21 (1994) on equality in marriage and family relations and No. 29 (2013) on the economic consequences of marriage, family relations and their dissolution. Convention on the Elimination of All Forms of Discrimination against Women 
0 Related NHR Action Plans