RECOMMENDATION
Consider withdrawing the reservation made on article 16 to the Convention on the Elimination of All Forms of Discrimination against Women
Recommendation No: 143.24
Recommendation Year: 2015
Recommendation Text: Consider withdrawing the reservation made on article 16 to the Convention on the Elimination of All Forms of Discrimination against Women
Convention/Treaty Body: Universal Periodic Review
Information Deadline:
Implementation Deadline:
Related Human Rights Articles
No Related Human Rights Articles
Stakeholders
Attorney General's Office (AGO) | Ministry of Gender, Family & Social Services (MoGFSS) | People's Majlis (PM) | Ministry of Foreign Affairs (MoFA) | The President's Office (PO)
Relevant Articles of the Constitution
16A - This Constitution guarantees to all persons, in a manner that is not contrary to any tenet of Islam, the rights and freedoms contained within this Chapter, subject only to such reasonable limits prescribed by a law enacted by the People’s Majlis in a manner that is not contrary to this Constitution. Any such law enacted by the People’s Majlis can limit the rights and freedoms to any extent only if demonstrably justified in a free and democratic society.
34A - Every person of marriageable age as determined by law has the right to marry, and to establish a family as specified in law. The family, being the natural and fundamental unit of society, is entitled to special protection by society and the State.
40A - Every citizen has the right to acquire, own, inherit, transfer or otherwise transact of such property.
Relevant Legislation Articles
No Relevant Legislation Articles
Relevant Regulations & Policies
No Relevant Regulations & Policies
Relevant Articles of other Human Rights Conventions
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.
Related Recommendations of other Treaty Bodies
No Related Recommendations of other Treaty Bodies
Related SDGs
GOAL 05
Categories
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