Universal-Womens-accesss-to-justice-Publications-Practitioners-Guide-Series-2016-ENG

V
WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 141
typically religious or custom-based personal status law does
not apply equality. 368
The safety and well-being of women and their children must be
prioritized in situations where negotiation and alternative
dispute resolution are being used to address civil and family
law issues. Where a perpetrator continues to threaten the
safety and well-being of women and their children, the safety
of those women and their children must be prioritized. 369
In the case of Angela González Carreño v Spain, where a child
was murdered by her estranged father after a long history of
domestic violence, the CEDAW Committee outlined the human
rights principles that family laws should include:
The best interest of the child is the central concern; 370
The child’s right to be heard must prevail; 371
368
CEDAW Committee, General Recommendation No 29, “Economic
consequences of marriage, family relations and their dissolution”, UN
Doc CEDAW/C/GC/29 (2013). See: paragraph 14, which states “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. Lack of individual choice relating to the
application or observance of particular laws and customs exacerbates
this discrimination.”; and paragraph 15, which states “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.”
369
Carreño v Spain, above note 353.
370
Ibid, paragraph 11(b)(i).
371
Ibid, paragraph 11(b)(i).