The most comprehensive compilation of information on the status of
women in the world.

Latest items for ATDW-LAW-5

June 11, 2019, 11:54 a.m.
Countries: Namibia
Variables: ATDW-LAW-5, ATFPA-PRACTICE-2, GIC-LAW-1, GIC-LAW-3

"The law generally provides for the same legal status and rights for women as for men, with three exceptions: first, some elements of customary family law provide for different treatment of women, such as providing different grounds for divorce and different divorce procedures; second, the property law of a marriage is based solely on the domicile of the husband at the time of the marriage; and third the law grants maternity leave to mothers but not paternity leave to fathers" (Pg 15).
June 8, 2019, 1:59 p.m.
Countries: Jordan
Variables: ATDW-PRACTICE-2, ATDW-LAW-5

"Women may seek divorce without the consent of their husbands in limited circumstances such as abandonment, spousal abuse, or in return for waiving financial rights" (32).
May 28, 2019, 5:40 p.m.
Countries: Yemen
Variables: ATDW-LAW-5

"A husband may divorce a wife without justifying the action in court. In the formal legal system, a woman must provide justification. Under tribal customary law, however, a woman may divorce without justification" (38).
May 25, 2019, 3:39 p.m.
Countries: Afghanistan
Variables: ATDW-LAW-5

"Laws governing marriage, divorce, and child custody in Afghanistan are discriminatory against women. While men can obtain divorce very easily, women must go to court and show just cause for divorce. These legal obstacles, among a multitude of others, deter women from attempting to find justice after suffering a forced or early marriage" (Pg 24).
May 16, 2019, 3:43 p.m.
Countries: United Kingdom
Variables: ATDW-LAW-5

"My client felt unable to move on with her own life until she could divorce her husband. However, her husband was refusing the divorce and she was being pressurised by the family and community to remain within the marriage. Further pressure came from religious arbitrators, who told her leaving her husband was ‘haram’ (forbidden) and advised her, with complete disregard for UK child maintenance law, that if she left her husband, he’d have no financial responsibility for her children." (para. 8). "Her husband then took it back, cancelling the divorce. Then he contacted the same Imam again, who again declared him divorced giving him another piece of paper without any...more
April 22, 2019, 7:33 a.m.
Countries: United Arab Emirates
Variables: ATDW-LAW-5, DTCP-LAW-1

"For a woman to obtain a divorce with a financial settlement, she must prove her husband inflicted physical or moral harm upon her, abandoned her for at least three months, or had not provided for her or their children’s upkeep. Physical abuse claims require medical reports and two male witnesses. It is up to the judge’s discretion to consider women as full witnesses or half witnesses. Alternatively, women may divorce by paying compensation or surrendering their dowry to their husbands" (p. 25).
April 10, 2019, 8:03 p.m.
Countries: Israel
Variables: ATDW-LAW-5

"The law allows a Jewish woman or man to initiate divorce proceedings, and both the husband and wife must give consent to make the divorce final. Sometimes a husband makes divorce contingent on his wife conceding to demands, such as those relating to property ownership or child custody. As a result, according to the Rackman Center for the Advancement of the Status of Women at Bar Ilan University, thousands of Jewish women could not remarry or give birth to legitimate children. In rare cases Jewish women refused to grant men divorces, but this has lesser effect on a husband under Jewish law. Rabbinical courts sometimes sanctioned a husband who refused...more
March 21, 2019, 11:12 p.m.
Countries: Syria
Variables: ATDW-PRACTICE-2, ATDW-PRACTICE-3, ATDW-LAW-5

"The law generally permits women to initiate divorce proceedings against their spouses, although some Christian sects strongly discouraged both women and men from doing so" (para 197).
March 15, 2019, 9:33 a.m.
Countries: Morocco
Variables: ATDW-LAW-5

"Physical abuse was legal grounds for divorce, although few women reported such abuse to authorities" (page 27). "The family code places the family under the joint responsibility of both spouses, makes divorce available by mutual consent, and places legal limits on polygamy. Implementation of family law reforms remained a problem. The judiciary lacked willingness to enforce them, as many judges did not agree with their provisions. Corruption among working-level court clerks and lack of knowledge about its provisions among lawyers were also obstacles to enforcement of the law" (page 28).
March 1, 2019, 11:52 p.m.
Countries: Qatar
Variables: ATDW-LAW-5

"If any one of the requirements for the validity of a marriage is not present, or the conditions provided for in the guidelines and provisions for marriage under the sharia and the law are not fulfilled – such as that one of the parties to the marriage forced the other, or was forced to act against his or her will, or was subject to any means of material or psychological compulsion from either the spouse or the guardian – then the party that acted under duress or a victim of a forced marriage may request annulment of the marriage contract" (57).
Feb. 26, 2019, 5:58 a.m.
Countries: United Arab Emirates
Variables: ATDW-PRACTICE-1, ATDW-LAW-5

"If a woman decides to divorce her husband, she has to apply for a court order while men have the right to unilaterally divorce their wives" (para. 5).
Feb. 15, 2019, 11:45 a.m.
Countries: United Kingdom
Variables: ATDW-LAW-5

"My client felt unable to move on with her own life until she could divorce her husband. However, her husband was refusing the divorce and she was being pressurised by the family and community to remain within the marriage. Further pressure came from religious arbitrators, who told her leaving her husband was ‘haram’ (forbidden) and advised her, with complete disregard for UK child maintenance law, that if she left her husband, he’d have no financial responsibility for her children." (para. 8). "Her husband then took it back, cancelling the divorce. Then he contacted the same Imam again, who again declared him divorced giving him another piece of paper without any...more
Feb. 8, 2019, 4:42 p.m.
Countries: Mali
Variables: ATDW-PRACTICE-2, ATDW-LAW-5

"The law does not provide the same legal status and rights for women as for men, particularly concerning divorce and inheritance. Women are legally obligated to obey their husbands and are particularly vulnerable in cases of divorce, child custody, and inheritance. Women had very limited access to legal services due to their lack of education and information as well as the prohibitive cost" (page 21).
Jan. 25, 2019, 9:57 p.m.
Countries: Israel
Variables: ATDW-LAW-5

"The Committee welcomes the legislative developments in the area of marriage and family relations, including the adoption, in 2012, of an amendment to the Rabbinical Courts (Enforcement of Divorce Judgments) Law, which requires rabbinical courts to monitor progress in the enforcement of divorce judgments. The Committee also notes that the legislation was further amended in 2017 to allow for sanctions to be imposed on male spouses who refuse to consent to a divorce (get). It further notes that, in 2016, the State Attorney issued a guideline to regulate the prosecution and punishment policy in respect of failure to comply with a judicial order of a rabbinical court regarding the granting...more
Nov. 9, 2018, 11:06 a.m.
Countries: North Korea
Variables: ATDW-LAW-5

"...Very limited awareness and information about the... applying for divorce on the grounds of violence" (7).
Nov. 3, 2018, 10:36 a.m.
Countries: Israel
Variables: ATDW-LAW-5

"A Jewish woman is allowed to initiate divorce proceedings, but both the husband and wife must give consent to make the divorce final" (para 153). "A Muslim woman may petition for and receive a divorce through the sharia courts without her husband’s consent under certain conditions, and a marriage contract may provide for other circumstances in which she may obtain a divorce without his consent. A Muslim man may divorce his wife without her consent and without petitioning the court. Through ecclesiastical courts, Christians may seek official separations or divorces, depending on their denomination. Druze divorces are performed by an oral declaration of the husband alone and then registered through...more
Oct. 22, 2018, 9:31 p.m.
Countries: Iran
Variables: ATDW-LAW-5

"A woman has the right to divorce only if her husband signs a contract granting that right, cannot provide for his family, has violated the terms of their original marriage contract, or is a drug addict, insane, or impotent. A husband is not required to cite a reason for divorcing his wife" (para 157)
Oct. 19, 2018, 7:59 p.m.
Countries: Indonesia
Variables: ATDW-LAW-5

"Divorce is available to both men and women..The law requires a divorced woman to wait 40 days before remarrying; a man may remarry immediately" (para 153)
Oct. 17, 2018, 1:08 p.m.
Countries: Palestine
Variables: ATDW-LAW-5

"Ikhlas Sufan, a director of a shelter in Nablus, told Human Rights Watch that 'divorce cases can go on for two to three years because the husband can claim he wants to reconcile when he doesn’t really.' This relates to cases in which a woman may seek a divorce on the basis of 'dispute and discord' under article 132 of the Personal Status Law in the West Bank or 'harm' under article 97 of the Family Rights Law in Gaza provided the spouses undergo a mandatory mediation process. In the West Bank, even if the wife claims domestic violence, the court is required to attempt reconciliation, and should these attempts...more
Oct. 3, 2018, 1:31 p.m.
Countries: Honduras
Variables: LO-LAW-1, ATDW-LAW-5

"Although the law accords women and men the same legal rights and status, including property rights in divorce cases, many women did not fully enjoy such rights" (para 109)
Oct. 3, 2018, 1:03 p.m.
Countries: Egypt
Variables: ATDW-LAW-5

"Egypt's Grand Mufti Shawki Allam has attributed the high divorce rates to "khul" — a procedure for a no-fault divorce introduced in Egypt in 2000 that allows a Muslim woman to divorce her husband on the grounds that she is suffering in the marriage... Rights lawyer Azza Soliman told Al-Monitor: 'Under khul, a woman is required to give up her legal financial rights and return the dowry she received from her spouse. So while khul appears in theory to offer women a solution to their marital woes, in practice, the procedure is time-consuming and at times humiliating for the woman, who has to represent herself in court and is often...more
Sept. 26, 2018, 10:04 a.m.
Countries: Sudan
Variables: ATDW-LAW-5

"Some experts on Islamic jurisprudence state that the absence of a husband for at least one year is tantamount to divorce and is, therefore, grounds for cancellation of a stoning sentence" (para 3).
Sept. 5, 2018, 9:54 a.m.
Countries: United Arab Emirates
Variables: ATDW-LAW-5

"For a woman to obtain a divorce with a financial settlement, she must prove her husband inflicted physical or moral harm upon her, abandoned her for at least three months, or had not maintained her upkeep or that of their children. Alternatively, women may divorce by paying compensation or surrendering their dowry to their husbands" (22-23).
Sept. 4, 2018, 10:30 a.m.
Countries: Switzerland
Variables: ATDW-LAW-5

"Victims of forced marriage already residing in the country may remain and may change their marital status from “married” to “single” without a requirement to record a divorce" (16).
Sept. 4, 2018, 10:22 a.m.
Countries: Morocco
Variables: ATDW-LAW-5

"Physical abuse was legal grounds for divorce, although few women reported such abuse to authorities" (27). "The family code places the family under the joint responsibility of both spouses, makes divorce available by mutual consent, and places legal limits on polygamy" (29).
Sept. 4, 2018, 10:18 a.m.
Countries: Kuwait
Variables: ATDW-LAW-5

"A woman may petition for divorce based on injury from abuse, but the law does not provide a clear legal standard regarding what constitutes injury. Additionally, a woman must provide at least two male witnesses (or a male witness and two female witnesses) to attest to the injury" (23).
Sept. 4, 2018, 10:16 a.m.
Countries: Egypt
Variables: ATDW-PRACTICE-1, ATDW-LAW-5

"'Khula' divorce allows a Muslim woman to obtain a divorce without her husband’s consent, provided she is willing to forgo all her financial rights, including alimony, dowry, and other benefits...A woman’s testimony is equal to that of a man in courts dealing with all matters except for personal status, such as marriage and divorce. In marriage and divorce cases, a woman’s testimony must be judged credible to be admissible. Usually the woman accomplishes this credibility by conveying her testimony through an adult male relative or representative. The law assumes a man’s testimony is credible unless proven otherwise" (40).
Aug. 28, 2018, 10:03 a.m.
Countries: Mali
Variables: ATDW-LAW-5

"The Committee is deeply concerned that the progressive provisions on women’s rights included in the preliminary draft of the revised Personal and Family Code were lost during the second reading in the National Assembly as a result of pressure from conservative and religious groups, resulting in the 2011 Code, which contains many discriminatory provisions, including: . . . and the requirement for a waiting period for divorced women (art. 366) and widows (art. 373) to remarry" (page 13).
Aug. 20, 2018, 11:08 a.m.
Countries: Philippines
Variables: ATDW-LAW-5

"The Committee is also concerned that the adoption of a number of bills necessary for the implementation of the Convention, including a bill on divorce, a bill on recognizing repeated abuse as a ground for legal separation, . . . has been pending for a long time" (page 3). "The Committee is concerned, however, that inequality in marriage and family relations continues to exist under the law and notes with particular concern: . . . 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...more
June 9, 2018, 8:29 a.m.
Countries: Philippines
Variables: ATDW-LAW-5

"An issue that’s been receiving much opposition from the Catholic Church, the lower house of the Philippines Congress recently passed a bill that would legalize divorce. The predominantly Catholic country is one of only two places in the world that prohibits divorce – Vatican City being the other" (para 1). "While divorce was once legal during “the American colonial period and Japanese occupation in the first half of the 20th century,” CNN reported, the 1949 Civil Code quickly prohibited it in what’s being called a religious move" (para 4). "Current laws allow Filipinos the option to either legally separate, declare nullity or file for annulment, all of which have specific...more