CEDAW/C/GC/29
14.
The Committee has consistently expressed concern that identity-based personal
status laws and customs perpetuate discrimination against women and that the preservation
of multiple legal systems is in itself discriminatory against women. The lack of individual
choice relating to the application or observance of particular laws and customs exacerbates
this discrimination.
15.
States parties should adopt written family codes or personal status laws that provide
for equality between spouses or partners irrespective of their religious or ethnic identity or
community, in accordance with the Convention and the Committee’s general
recommendations. In the absence of a unified family law, the system of personal status laws
should provide for individual choice as to the application of religious law, ethnic custom or
civil law at any stage of the relationship. Personal laws should embody the fundamental
principle of equality between women and men and should be fully harmonized with the
provisions of the Convention so as to eliminate all discrimination against women in all
matters relating to marriage and family relations.
IV.
Various forms of family
16.
In general recommendation No. 21, paragraph 13, the Committee acknowledges
that families take many forms and underscores the obligation of equality within the family
under all systems, “both at law and in private”.
17.
Statements by other entities in the United Nations system confirm the understanding
that “the concept of ‘family’ must be understood in a wide sense”. d The Human Rights
Committee, in para. 27 of its general comment No. 28, acknowledges the “various forms of
family”. In his report on observance of the International Year of the Family, the SecretaryGeneral confirms that “families assume diverse forms and functions among and within
countries”. e
18.
States parties are obligated to address the sex- and gender-based discriminatory
aspects of all the various forms of family and family relationships. In respect of
discrimination against women, they must address patriarchal traditions and attitudes and
open family law and policy with the same scrutiny that is given to the “public” aspects of
individual and community life.
19.
Marriages may be formed through a variety of customs, ceremonies and rituals that
may be sanctioned by the State. Civil marriage is sanctioned solely by the State and is
registered. Religious marriage is solemnized through the performance of ritual(s) prescribed
by religious law. Customary marriage is undertaken by the performance of ritual(s)
prescribed by the customs of the parties’ community.
20.
Some States parties do not require registration of religious and customary marriages
in order for them to be valid. Unregistered marriages may be substantiated by production of
a marriage contract, witness accounts of the rituals or other means, as appropriate in the
circumstances.
21.
Some States parties that recognize polygamous marriages, under either religious or
customary law, also provide for civil marriage, monogamous by definition. Where civil
marriage is not provided for, women in communities that practice polygamy may have no
choice but to enter into a marriage that is at least potentially, if not already, polygamous,
d
e
4
See general comment No. 4 of the Committee on Economic, Social and Cultural Rights, on the right
to adequate housing (article 11 (1) of the International Covenant on Economic, Social and Cultural
Rights), para. 6.
A/50/370, para 14.