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

Latest items for CUST-LAW-1

Aug. 9, 2019, 1 p.m.
Countries: D R Congo
Variables: WR-PRACTICE-2, CUST-LAW-1, IAW-LAW-1, IAD-LAW-1

"According to UNICEF, many widows were unable to inherit their late husbands’ property because the law states that in event of a death in which there is no will, the husband’s children, including those born out of wedlock (provided that they were officially recognized by the father), rather than the widow, have precedence with regard to inheritance" (page 41).
July 31, 2019, 6:50 p.m.
Countries: Saudi Arabia
Variables: CUST-LAW-1

"Courts award custody of children when they attain a specified age (seven years for boys and nine years for girls) to the divorced husband or the deceased husband’s family. In numerous cases, former husbands prevented divorced noncitizen women from visiting their children" (43).
July 20, 2019, 8:20 a.m.
Countries: Syria
Variables: CUST-LAW-1

"Additionally, under the law a divorced mother loses the right to guardianship and physical custody of her sons when they reach age 13 and of her daughters at age 15, when guardianship transfers to the paternal side of the family" (Pg 46).
July 19, 2019, 4:56 p.m.
Countries: Niger
Variables: ATDW-LAW-1, CUST-LAW-1, ATFPA-LAW-1

"No time frame is envisaged for repealing discriminatory legislation, including provisions in the Civil Code regulating, inter alia, the matrimonial home (art. 108), the status of head of household and paternal power (arts. 213 to 216), the legal capacity of a married women (arts. 506 and 507), remarriage (arts. 228 and 296), the exercise of guardianship over children (arts. 389 to 396 and 405) and the distribution of marital assets (art. 818)" (4).
July 18, 2019, 8:56 p.m.
Countries: Bangladesh
Variables: MARR-LAW-3, ATDW-LAW-1, CUST-LAW-1

"The Muslim Personal Law of 1961 is highly discriminating to the women giving the overall authority to the men in the areas of marriage, divorce, maintenance and custody of children" (13).
July 12, 2019, 8:51 a.m.
Countries: Cambodia
Variables: CUST-LAW-1

"Article 950 of the Civil Code states that a woman may not remarry until 120 days have elapsed from the day of the dissolution or annulment of her previous marriage. This is intended to allow for the determination of fatherhood of any children" (34).
July 8, 2019, 1:19 p.m.
Countries: Uganda
Variables: CWC-DATA-2, IW-PRACTICE-1, IW-LAW-1, ATDW-PRACTICE-2, CUST-LAW-1, IAW-PRACTICE-1, IAD-PRACTICE-1, DSFMF-PRACTICE-2, PW-LAW-1

"The law provides women with the same legal status and rights as men. Discrimination against women, however, was widespread, especially in rural areas. Many customary laws discriminate against women in adoption, marriage, divorce, and inheritance. Under local customary law in many areas, women may not own or inherit property or retain custody of their children. Traditional divorce law in many areas requires women to meet stricter evidentiary standards than men to prove adultery. Polygyny is legal under both customary and Islamic law. In some ethnic groups, men may “inherit” the widows of their deceased brothers" (Pg 29).
July 8, 2019, 9:30 a.m.
Countries: Senegal
Variables: CUST-LAW-1, ATFPA-LAW-1

"The family code’s definition of paternal rights also remained an obstacle to equality between men and women. The code considers men to be heads of household, preventing women from taking legal responsibility for their children. In addition, any childhood benefits are paid to the father. Women can become the legal head of household only if the husband formally renounces his authority before authorities or if he is unable to act as head of household" (page 16).
July 2, 2019, 2:25 p.m.
Countries: Swaziland
Variables: CUST-LAW-1

"Traditional marriages consider children to belong to the father and his family if the couple divorce" (Pg 20).
July 1, 2019, 8:43 p.m.
Countries: Bahrain
Variables: CUST-LAW-1

"In divorce cases the courts routinely granted mothers custody of daughters younger than age nine and sons younger than age seven, with fathers typically gaining custody once girls and boys reached ages nine and seven, respectively. Regardless of custody decisions, the father retains guardianship, or the right to make all legal decisions for the child until age 21. A noncitizen woman automatically loses custody of her children if she divorces their citizen father 'without just cause'" (p. 31).
July 1, 2019, 6:30 p.m.
Countries: Algeria
Variables: CUST-LAW-1

"In a divorce the law provides for the wife to retain the family’s home until the children reach age 18. Authorities normally awarded custody of children to the mother, but she may not make decisions about education or take the children out of the country without the father’s authorization" (p. 27).
June 28, 2019, 8:55 a.m.
Countries: South Sudan
Variables: MARR-LAW-4, CUST-LAW-1

"Despite statutory law to the contrary, under customary law a divorce is not final until the wife and her family return the full dowry to the husband’s family. As a result, families often dissuaded women from divorce. Traditional courts usually ruled in favor of the husband’s family in most cases of child custody, unless children were between three and seven years of age" (Pg 37).
June 25, 2019, 8:40 p.m.
Countries: Kuwait
Variables: CUST-LAW-1

"In the event of a divorce, the law grants the father or his family sole custody of children of non-Muslim women who do not convert" (p. 21).
June 22, 2019, 8:06 p.m.
Countries: Swaziland
Variables: CUST-LAW-1

"Customary law considers children to belong to the father and his family if the couple divorce" (p. 19).
June 21, 2019, 12:48 p.m.
Countries: Saudi Arabia
Variables: CUST-LAW-1

"Courts award custody of children when they attain a specified age (seven years for boys and nine years for girls) to the divorced husband or the deceased husband’s family. In numerous cases, former husbands prevented divorced noncitizen women from visiting their children. Inheritance laws also discriminate against women, since daughters receive half the inheritance awarded to their brothers" (Pg 39).
June 20, 2019, 11:09 a.m.
Countries: Afghanistan
Variables: CUST-LAW-1

"A particularly glaring example is the Shia Personal Status Law, signed by President Karzai in 2009, which includes provisions that strip Shia Afghan women of the women's rights enshrined in Afghanistan's constitution. The law gives a husband the right to withdraw basic maintenance from his wife, including food, if she refuses to obey his sexual demands. It grants guardianship of children exclusively to their fathers and grandfathers. It requires women to get permission from their husbands to work. It also effectively allows a rapist to avoid prosecution by paying 'blood money' to a girl who was injured because of the rape" (6). "Similarly, the law permits decisions about custody of...more
June 8, 2019, 1:59 p.m.
Countries: Jordan
Variables: CUST-LAW-1, CUST-LAW-2

"The law allows fathers to prevent their children under the age of 18 from leaving the country through a court order that is not available to mothers. Authorities did not stop fathers from exiting the country with their children when the mother objected" (32).
June 7, 2019, 11:46 a.m.
Countries: Afghanistan
Variables: CUST-LAW-1

"The Afghan legal framework largely awards custody of the children to the mother, with certain limits; boys may stay with the mother up until the age of seven and girls up until the age of nine. Despite allowing a mother to have custody for a few years, Afghan tradition and practice generally favour the father or another male guardian of children for long-term custody" (Pg 16).
May 28, 2019, 9:34 p.m.
Countries: Russia
Variables: CUST-LAW-1

"The Committee also notes with concern that gender-based violence against women in the domestic sphere is not taken into consideration by courts when ruling in cases of child custody and visitation. The Committee is further deeply concerned at the regulation of family relations in the northern Caucasus, where the concept of "ownership" of the father over his children continues to reign, leading in practice to situations in which women lose any contact with their children after divorce" (12).
May 28, 2019, 9:33 p.m.
Countries: Sweden
Variables: CUST-LAW-1

"The Committee notes with satisfaction the increase by the State party of allowances for single parents. It welcomes the amendment introduced in 2006 to the Children and Parents Code mandating courts to take into consideration gender -based violence against women in the domestic sphere when ruling on child custody and visitation rights, especially when considering shared physical custody. While the Committee also welcomes the fact that a study is currently being conducted on the implementation of the amendment, it notes with concern reports that court rulings do not always follow that provision" (11).
May 28, 2019, 5:40 p.m.
Countries: Yemen
Variables: CUST-LAW-1

"Women cannot marry without permission of their male guardians; do not have equal rights in inheritance, divorce, or child custody; and have little legal protection" (38). "Under family law and inheritance law, courts awarded custody of children over a specified age (seven years for boys and nine years for girls) to the divorced husband or the deceased husband’s family. In numerous cases former husbands prevented divorced noncitizen women from visiting their children" (38).
April 29, 2019, 12:59 p.m.
Countries: Egypt
Variables: CUST-LAW-1

"The Administrative Court in Alexandria has laid several legal principles to resolve the conflict between fathers and mothers over the children custody and educational guardianship after divorce. The court has affirmed a set of new rights serving the Egyptian mother, the most important of which is the selection of children’s schools and schooling system" (12). "The MP Soheir El-Hady along with another 60 MPs have submitted a draft for Personal Status Law amendments. One of these proposed amendments gives the noncustodial partner the right to host the child for a day or two at his/her home. This comes in addition to one month of the summer holiday. Another amendment includes...more
April 22, 2019, 7:33 a.m.
Countries: United Arab Emirates
Variables: CUST-LAW-1

"Strict interpretation of sharia does not apply to child custody cases, as courts have applied the 'the best interests of the child' standard since 2010" (p. 25).
April 16, 2019, 7:47 p.m.
Countries: Bhutan
Variables: CUST-LAW-1

"The Committee recalls its previous concluding observations (CEDAW/C/BTN/CO/7, paras. 33 and 34) and notes that the State party’s legislation still provides that custody of children under 9 years of age is automatically granted to the mother unless the courts decide otherwise, which reinforces gender stereotypes" (11).
April 9, 2019, 3:47 p.m.
Countries: Canada
Variables: CUST-PRACTICE-1, CUST-LAW-1

"The Committee is concerned about the lack of harmonization of legislation at the federal and provincial or territorial levels with regard to child-custody determination, given that the federal Divorce Act (1985) still includes the highly problematic 'maximum contact' provision and makes no mention of domestic violence. The Committee is also concerned about evidence of reduced or even cessation of child support orders that can result from shared custody orders or agreements, which in practice are not always followed and do not necessarily reflect the reality of time and cost allocation between parents" (18).
April 9, 2019, 12:57 p.m.
Countries: Iran
Variables: CUST-LAW-1

"The law provides divorced women preference in custody for children up to age seven, but fathers maintain legal guardianship rights over the child and must agree on many legal aspects of the child’s life (such as issuing travel documents, enrolling in school, or filing a police report). After the child reaches the age of seven, the father is granted custody unless he is proven unfit to care for the child" (35).
March 29, 2019, 4:03 p.m.
Countries: China
Variables: CUST-LAW-1

"In determining child custody in divorce cases, judges made determinations based on the following guidelines: Children under age two should live with their mothers, custody of children two to nine years of age should be determined by who could provide the most stable living arrangement, and children 10 and over should be consulted when determining custody" (page 57-58).
March 25, 2019, 2:20 p.m.
Countries: Liberia
Variables: CUST-LAW-1

"Under family law, men retain legal custody of children in divorce cases" (24).
March 21, 2019, 11:12 p.m.
Countries: Syria
Variables: CUST-LAW-1

"In addition, under the law a divorced mother loses the right to guardianship and physical custody of her sons when they reach the age of 13 and of her daughters at age 15, when guardianship transfers to the paternal side of the family" (para 197).
March 11, 2019, 11:13 a.m.
Countries: Kazakhstan
Variables: CUST-LAW-1

"When a marriage is dissolved in court, the spouses may submit for consideration an agreement regarding which of them will have custody of their minor children, the arrangements for the payment of child support and (or) support for a spouse who is unable to work, the amount of such support, and the division of jointly owned property" (42). "According to article 73 of the [Marriage and Family Act], when the parents live apart, the children’s place of residence is determined by agreement between the parents. In the absence of such agreement, disputes between the parents must be resolved through mediation or by a court, with the participation of the child...more