A Digest of Case Law on the Human Rights of Women - Asia Pacific ...

FAMILY LAW
1. Marriage and custom
CEDAW
• A.2 (e) & 2(f) - general provisions on non-discrimination
• A.5(a) – gender stereotypes embodied in custom
• A.9 – nationality
• A.16.1(a) – right to enter marriage
• A.16.1(b) – right to choose spouse and full consent
UDHR
• A.2 – life, liberty and security <strong>of</strong> the person
• A.5 – cruel, inhuman or degrading treatment or punishment
• A.7 - equality before and under the law
• A.10 - fair and public hearing in determining rights and obligations
• A.16 – right to marry & found a family; equal rights during marriage and at
dissolution
ICCPR
• A.3 – state undertaking to ensure the equal rights <strong>of</strong> men and women in enjoyment
<strong>of</strong> civil and political rights
• A.7 – no one shall be subject to torture or cruel, inhuman or degrading treatment
• A. 9 – everyone has the right to liberty and security <strong>of</strong> person
• A.12 – right <strong>of</strong> liberty <strong>of</strong> movement and freedom to choose residence
• A.14 – equality before courts and tribunals with respect to rights and obligations at
law
• A.26 - equality under and before the law/equal protection clause
ICESCR
• A.3 – state obligation to ensure equal right <strong>of</strong> men and women in enjoyment <strong>of</strong>
economic, social and cultural rights
• A.10 – family protection, marriage, childcare benefits, protection <strong>of</strong> children
• A.16(b) & 16(c) – right to freely choose spouse & same rights and responsibilities
during and upon the dissolution <strong>of</strong> marriage
DEVAW
• A.4 – states obligation to condemn violence against women and not use custom,
tradition or religious consideration to avoid these obligations
2. Divorce
CEDAW
• A.1, 2(f), 5(a) - general provisions on non-discrimination
• A.15 –particularly 15(4) with respect to freedom <strong>of</strong> movement
• A.16.1(c) – same rights and responsibilities during and upon the dissolution <strong>of</strong>
marriage
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Collation <strong>of</strong> Relevant International Instruments