CEDAW/C/GC/29
regardless of their wishes. The Committee concluded in general recommendation No. 21
that polygamy is contrary to the Convention and must be “discouraged and prohibited”.
22.
In some States parties, the law also provides for registered partnerships and
establishes rights and responsibilities between the parties. States may extend social and tax
benefits to registered partnerships to varying degrees.
23.
De facto unions are not registered and often do not give rise to any rights. Some
States, however, recognize de facto unions and establish equal rights and responsibilities
for them that can vary in scope and depth.
24.
Certain forms of relationships (namely, same-sex relationships) are not legally,
socially or culturally accepted in a considerable number of States parties. However, where
they are recognized, whether as a de facto union, registered partnership or marriage, the
State party should ensure protection of the economic rights of the women in those
relationships.
Customary/religious unregistered marriages
25.
Registration of marriage protects the rights of spouses with regard to property issues
upon dissolution of the marriage by death or divorce. The Convention obligates States
parties to establish and fully implement a system of marriage registration. However, many
States parties lack either a legal requirement of marriage registration or implementation of
existing registration requirements, and in such instances individuals should not be penalized
for failure to register, including where lack of education and infrastructure makes
registration difficult.
26.
States parties should establish a legal requirement of marriage registration and
conduct effective awareness-raising activities to that effect. They must provide for
implementation through education about the requirements and provide infrastructure to
make registration accessible to all persons within their jurisdiction. States parties should
provide for establishing proof of marriage by means other than registration where
circumstances warrant. The State must protect the rights of women in such marriages,
regardless of their registration status.
Polygamous marriages
27.
The Committee reaffirms paragraph 14 of its general recommendation No. 21, which
states that “polygamous marriage contravenes a woman’s right to equality with men, and
can have such serious emotional and financial consequences for her and her dependants that
such marriages ought to be discouraged and prohibited”. Since the adoption of this general
recommendation, the Committee has consistently noted with concern the persistence of
polygamous marriages in many States parties. In its concluding observations, the
Committee has pointed to the grave ramifications of polygamy for the human rights and
economic well-being of women and their children, and has consistently called for its
abolition.
28.
States parties should take all legislative and policy measures needed to abolish
polygamous marriages. Nevertheless, as stated by the Committee in its general
recommendation No. 27, “polygamy is still practised in many States Parties, and many
women are in polygamous unions”. Accordingly, with regard to women in existing
polygamous marriages, States parties should take the necessary measures to ensure the
protection of the economic rights of women.
5