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

Latest items for CUST-LAW-1

Nov. 16, 2018, 9:46 a.m.
Countries: Burma/Myanmar
Variables: ADCM-PRACTICE-1, CUST-LAW-1, CUST-LAW-3

"Palaung: By Palaung customary law, when a women and a man get divorced, women do not have the right to an inheritance, even if she needs to raise children by herself. If they have a son, only the father has a right to the custody of the son. In some cases, the father gets the custody of both son and daughter. Source: Palaung Women’s Organisation (PWO). Kuki: By Kuki customary law, when a woman and a man get divorced, women do not have the right to any inheritance. In the case of divorce, women are not allowed to sit in the meeting to resolve the case, and are not entitled...more
Nov. 12, 2018, 8:37 p.m.
Countries: Kosovo
Variables: CUST-LAW-1

"In rare cases Kosovo-Albanian widows, particularly in rural areas, risked losing custody of their children due to a custom requiring children and property to pass to the deceased father’s family while the widow returned to her birth family" (para 121)
Nov. 3, 2018, 10:36 a.m.
Countries: Israel
Variables: ATDW-LAW-1, CUST-LAW-1

"A civil family court or a religious court settles child custody, alimony, and property matters after the divorce, which gives preference to the father unless it can be demonstrated that a child especially “needs” the mother" (para 154)
Oct. 26, 2018, 8:42 a.m.
Countries: Senegal
Variables: CLCW-PRACTICE-1, CUST-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).
Oct. 22, 2018, 9:31 p.m.
Countries: Iran
Variables: CUST-LAW-1

"The law provides divorced women preference in custody for children up to age seven. After the child reaches age seven, the father is entitled to custody unless he is proven unfit to care for the child. Divorced women who remarry automatically lose custody of their children from previous marriages. Courts determine custody in disputed cases" (para 158)
Oct. 17, 2018, 1:08 p.m.
Countries: Palestine
Variables: CUST-LAW-1

"However, the two laws that apply to Muslims, the Jordanian Personal Status Law No. (16) of 1976 enforced in the West Bank, and the Egyptian Family Rights Law No. (303) of 1954 enforced in Gaza, do not make the best interests of the child the primary concern when determining which parent the child should live with and which guardianship rights each parent should have. Under these laws, fathers retain guardianship rights even when the child is officially living with the mother, and the child can be automatically removed if the mother remarries, but not the father. As guardians, fathers can withdraw money from a child’s bank account opened by the...more
Oct. 12, 2018, 2:17 p.m.
Countries: Palestine
Variables: CUST-LAW-1

"The new amendments allow Palestinian women to... change schools for their children without permission from the father/legal guardian" (para 6).
Oct. 8, 2018, 3:27 p.m.
Countries: Saudi Arabia
Variables: CUST-PRACTICE-1, CUST-LAW-1

"Since the crown prince took power last year, judges who once would have automatically given fathers custody of children in divorce cases have started allowing some mothers custody instead" (para 17).
Oct. 5, 2018, 5:56 p.m.
Countries: Ukraine
Variables: CUST-LAW-1

"The Committee is also concerned that judges often resort to mediation even in situations of domestic violence. The Committee is further concerned 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 rights" (Pg 16).
Oct. 3, 2018, 1:03 p.m.
Countries: Egypt
Variables: CUST-LAW-1

"By law, Egyptian women are entitled to custody of their children until they turn 15. Under a proposed bill currently under review in parliament, a divorced mother would lose custody of her children to her ex-husband in the event of her remarrying if the ex-husband can provide a female caretaker. Under the current laws, custody of the children goes to the maternal grandmother if the woman remarries. Critics have slammed the proposed amendment as discriminatory. Read more: http://www.al-monitor.com/pulse/originals/2018/03/egypts-single-mothers-fight-back.html#ixzz5MDuVZyLC
Sept. 21, 2018, 5:23 p.m.
Countries: Oman
Variables: CUST-LAW-1

"The Personal Status Law, articles 125-137, provides for the right of custody of children. The legislation focuses entirely on the interest of the child without regard for the desire of either of the parents to have or not have custody. Nonetheless, priority is given to the mother regarding custody unless determined otherwise" (Pg 39). "Article 16 (a) of the Implementing Regulations for Family Care and Custody issued by Ministerial Decree No. 49/2007 permits a woman to take custody of a child in order to care for it" (Pg 40).
Sept. 5, 2018, 10:07 a.m.
Countries: Japan
Variables: CUST-LAW-1

"Another provision of law, that a child born within 300 days of a divorce is presumed to be the divorced father’s child, resulted in the nonregistration of an unknown number of children" (16).
Sept. 5, 2018, 10:06 a.m.
Countries: Japan
Variables: CUST-LAW-1

"Another provision of law, that a child born within 300 days of a divorce is presumed to be the divorced father’s child, resulted in the nonregistration of an unknown number of children" (16).
Sept. 5, 2018, 9:59 a.m.
Countries: Tanzania
Variables: CUST-LAW-1

"The law on the mainland generally assumes it is in the best interest of a child under seven to be with his or her mother in the case of parental separation or divorce" (24).
Sept. 4, 2018, 10:18 a.m.
Countries: Kuwait
Variables: ATDW-LAW-1, CUST-LAW-1

"In the event of a divorce, the law grants the father custody of children of non-Muslim women who fail to convert" (25).
Aug. 29, 2018, 2:33 p.m.
Countries: Egypt
Variables: WR-LAW-1, CUST-LAW-1

"For years, divorced women called for amending the personal status laws, especially articles related to custody, to allow them to keep custody of their children after their second marriage" (Para 1). "we find that women are afraid to experience a second marriage becuase the law recognizes the automatic transfer of custody to the next in line of the custody arrangment. Such a law makes the desire of women to experience a remarrying a risk that may lead her to lose the custody of children or circumvent the reality by accepting customary, non-documented marriage so as not to lose the custody, or resort to other ways in which to live that...more
Aug. 20, 2018, 11:08 a.m.
Countries: Philippines
Variables: CUST-LAW-1

"The Committee is concerned, however, that inequality in marriage and family relations continues to exist under the law and notes with particular concern: (a) The delay in the adoption of a bill to repeal the provision of the Family Code that grants a husband’s decision supremacy over that of his wife with regard to community property, the exercise of parental authority and guardianship over a child" (page 14-15).
Aug. 15, 2018, 9:40 a.m.
Countries: Montenegro
Variables: CUST-LAW-1

"Children without parental care and children whose development has been hindered due to family circumstances, are provided with the accommodation in Children’s Home “Mladost” in Bijela or other family. Children without parental care who attend school are provided with free textbooks. Children with special needs have the right of placement in an institution of social and child protection or accommodation in another family, care and support, personal disability allowance, and the right to child allowance" (page 32).
Aug. 6, 2018, 2:45 p.m.
Countries: Montenegro
Variables: CUST-LAW-1

“Committee notes with concern that judges rarely take gender-based violence against the mother in the domestic sphere into account when deciding child custody cases, despite the recent amendment to article 363 of the Family Law stipulating that due consideration shall be given to the safety of the child and the victim in such cases” (14)
July 6, 2018, 6:49 p.m.
Countries: Uruguay
Variables: CLCC-LAW-2, CUST-LAW-1

"Direct discrimination against women was found to exist in the different ages for the valid recognition, without judicial approval, of one’s own children (12 and 16 years for females and males respectively). Also, with regard to the impossibility for unmarried adolescents to exercise parental authority up to 18 years of age, direct discrimination on grounds of birth was found to exist (whether the child may be subject to the parental authority of the minor parent depends on whether the parents are married to each other), which amounts to indirect discrimination on the basis of gender" (page 37-38).
June 3, 2018, 5:28 p.m.
Countries: Russia
Variables: ATDW-PRACTICE-2, CUST-LAW-1

"Traditional legal practices in the North Caucasus award the husband custody of children and all property in divorce cases. As a result women in the region were often unwilling to seek divorce, even in cases of abuse," (55).
May 11, 2018, 12:35 p.m.
Countries: Belarus
Variables: CUST-LAW-1

"It also notes that women in de facto unions and their children do not have legal protection in economic matters upon the termination of such a union" (pg 13).
May 5, 2018, 3:12 p.m.
Countries: Slovenia
Variables: CUST-LAW-1

"The Committee welcomes the progress achieved since the consideration in 2008 of the State party's fourth periodic report in undertaking legislative reforms, in particular the adoption of the following legislation…Amendment to the Parental Protection and Family Benefits Act, in 2014, to introduce measures that more equally distribute parental protection and childcare between both parents" (1-2).
May 1, 2018, 12:39 p.m.
Countries: Egypt
Variables: CUST-LAW-1

"Egyptian divorced women get custody of their children until they turn 15 while fathers get limited visitation rights” (para 2).
April 20, 2018, 3:05 p.m.
Countries: Fiji
Variables: CUST-LAW-1

"The Family Law Act 2003 establishes Family Divisions of the High Court and Magistrates Court with the jurisdiction over dissolution of marriage, child custody, spousal and child support, as well as jurisdiction to make orders relating the welfare of children. The Act recognizes that both parents have the same rights to apply for child custody and maintenance, as well as spousal maintenance. In deciding a case relating to a child’s welfare, the court is required under the Act to consider the child’s expressed wishes, taking into account the child’s maturity and level of understanding. A separate representative may be appointed on the Court’s initiative, or at the request of a...more
April 20, 2018, 1:18 a.m.
Countries: Spain
Variables: CUST-LAW-1

"While noting that in its 2013 guidelines on proceedings relating to gender- based violence the General Council of the Judiciary rejected the validity of so-called “parental alienation syndrome”, the Committee is concerned that the concept continues to be used in a number of judicial decisions in the State party to withdraw child custody from the mother and to grant it to a father who is accused of domestic violence The Committee is concerned that existing and future legislative mechanisms will not adequately address the consideration that needs to be accorded to the existence of domestic violence in cases to determine child custody. The Committee is also concerned about attempts to...more
April 10, 2018, 10:42 p.m.
Countries: United Arab Emirates
Variables: CUST-LAW-1

"The Committee is deeply concerned by the fact that a divorced woman loses custody of her daughters when they reach 13 years of age and of her sons when they reach 11 years of age, or before those ages if she remarries" (pg 11).
April 6, 2018, 10:56 a.m.
Countries: Kuwait
Variables: CUST-LAW-1

"A woman’s right to custody of her children is regulated by articles 189 to 199 of the code. Under article 189, the mother is granted custody, followed by her mother. If she is unable to take custody then the wife’s maternal aunt is granted custody, followed by the mother’s maternal aunt, the mother’s paternal aunt, the father’s grandmother, the father’s paternal aunt, the father’s maternal aunt and lastly a cousin, with the mother’s side taking precedence over the father’s side" (31).
April 3, 2018, 10:42 p.m.
Countries: Madagascar
Variables: CUST-LAW-1

"The Committee is concerned: (a) That there is no legislation specifically criminalizing violence against women, in particular child and/or forced marriage and marital rape, and that there is no comprehensive policy framework to address such violence; (b) That gender-based violence against women in the domestic sphere is not considered by courts in child custody or visitation decisions, thus forcing women to continue to face their abusers, and risking further exposing their children to violence; . . . The Committee calls upon the State party: (a) To adopt legislation to criminalize all acts of violence against women, specifically criminalizing domestic violence, including marital rape, child and/or forced marriage and all forms...more
March 30, 2018, 5:08 p.m.
Countries: Liberia
Variables: CUST-LAW-1

"It is also concerned that, under the Domestic Relations Law, only the father has parental rights over and custody of the children after separation" (14).