CEDAW/C/GC/34
statelessness is often the consequences of discriminatory legislation whereby
women cannot pass on their nationality to their children and foreign spouse or may
risk losing their nationality through marriage with a foreigner or as a consequence
of divorce. In addition, identity documents may be more difficult to acquire in rural
areas, owing in particular to the lack of birth registration or of marriage, divorce or
death certificates.
29. In line with general recommendation No. 32 (2014) on the gender-related
dimensions of refugee status, asylum, nationality and statelessness of women,
States parties should ensure that rural women may acquire, change, retain or
renounce their nationality, or transfer it to their children and foreign spouse
under the same conditions as men, and that they are aware of their rights in
this regard. States parties should also provide rural women with access to
personal identification documents (such as identity cards, passports and social
security numbers) and ensure that civil registration procedures, including for
birth, marriage, divorce and death, are accessible in rural areas.
30. Article 15 provides for equality of women and men before the law and
identical legal capacity in civil matters, so that, for example, rural women have the
same legal capacity as men to conclude contracts and administer property
independent of their husband or any male guardian.
31. States parties should ensure that rural women are equal before the law
and have the same legal capacity as men in civil matters, including to conclude
contracts and administer property independent of their husband or any male
guardian.
32. Article 16 provides for equality for women in marriage and family relations,
which is something that many rural women do not enjoy owing to discriminatory
social norms, practices and laws, plural justice systems where they exist, or the lack
of enforcement of relevant laws. Girls from rural communities are at special risk of
child and/or forced marriage and early pregnancy. Rural women are al so
disproportionately affected by polygamy, which severely undermines equality in
marriage and family relations.
33. States parties should harmonize personal status and family laws with
article 16, in line with general recommendations No. 21 (1994) on equ ality in
marriage and family relations and No. 29 (2013) on the economic consequences
of marriage, family relations and their dissolution, guarantee that rural women
have equal rights in marriage, including to marital property upon divorce or
death of their spouse and to maintenance or alimony, and raise awareness of
women’s rights within marriage in rural areas.
34. States parties should take steps to prevent and prohibit child and/or
forced marriage among rural women and girls, including through the refor m
and enforcement of laws prohibiting such practices in rural areas, media
campaigns, particularly aimed at raising the awareness of men, the provision of
school-based prevention programmes, including comprehensive age-appropriate
sexual and reproductive health education, as well as the provision of social and
health services for rural married girls and girls at risk of child and/or forced
marriage. In addition, States parties should discourage and prohibit the
practice of polygamy, which may be more common in rural areas.
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