CEDAW/C/PHL/CO/7-8
community property, the exercise of parental authority and guardianship over a
child;
(b) The prohibition on divorce in the State party, except under the Code of
Muslim Personal Laws, and the costly and lengthy procedures for legal separation
and annulment, which may have the effect of compelling victims of sexual and
gender-based violence, especially those without resources, to remain in violent
relationships;
(c) The contradictions between the provisions of the Magna Carta of Women
and those of the Code of Muslim Personal Laws and customary laws applicable to
Muslim and indigenous communities, which provide for unequal relations between
husband and wife, including harmful practices such as polygamy and child and
forced marriage, as well as unequal practices with respect to inheritance.
50.
The Committee recommends that the State party:
(a) Expedite the harmonization of the Family Code and other laws on
marriage and family relations with the Convention and the Magna Carta of
Women and ensure the equality of women and men, both in marriage and upon
the dissolution of marriage, including by expediting the adoption of the long pending divorce bill and by taking into account the Committee’s 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;
(b) Intensify its efforts to raise awareness about the Convention among
Muslim communities, including women, men and traditional and religious
leaders, in particular by disseminating information on good practices of other
Muslim countries with regard to the application of sharia in line with the
Convention;
(c) Harmonize the Code of Muslim Personal Laws and indigenous and
Muslim customary laws with the Convention and the Magna Carta of Women,
in particular by explicitly discouraging polygamy with a view to prohibiting it
and prohibiting child and forced marriage, through consultation with the
communities concerned and local women’s rights organizations;
(d) Eliminate the root causes of child and forced marriage, including
poverty, conflicts and insecurity, as well as vulnerability to the impact of
natural disasters;
(e) Ensure the full participation of women in decision-making and
legislative processes at the national, local and community levels, including in
the codification and interpretation of religious norms or customs on marriage
and family relations.
Beijing Declaration and Platform for Action
51. The Committee calls upon the State party to use the Beijing Declaration
and Platform for Action in its efforts to implement the provisions of the
Convention.
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