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

Latest items for CUST-LAW-1

Sept. 14, 2017, 12:28 p.m.
Countries: Israel
Variables: ATDW-LAW-1, ADCM-LAW-1, CUST-PRACTICE-1, CUST-LAW-1

"Among the most contentious of Jewish rites is the one that grants men disproportionate power in divorce. Women who are not granted divorces are often forced to relinquish their child custody rights or alimony payments to convince husbands to accede"(para 11)
Sept. 12, 2017, 10:04 a.m.
Countries: Iran
Variables: IIP-PRACTICE-1, IIP-LAW-1, ATDW-PRACTICE-1, ATDW-PRACTICE-2, ATDW-LAW-5, CUST-LAW-1

"Women in Iran are subject to pervasive discrimination both in law and practice, including in areas concerning marriage, divorce, child custody, freedom of movement, employment, and access to political office"(para 17)
Aug. 5, 2017, 9:23 a.m.
Countries: Iran
Variables: CUST-LAW-1

"Men also have the right of the custody of the children after divorce. Kar says men can use this right as a way of threatening their wives" (para 15-16)
Aug. 3, 2017, 5:55 p.m.
Countries: Afghanistan
Variables: LRCM-LAW-1, IIP-LAW-1, AOM-PRACTICE-1, ATDW-PRACTICE-1, CUST-LAW-1

"According to The Times (U.K.), which received a leaked copy of the law last Friday, the law requires women to grant sex to their husbands every fourth night unless they are ill, restricts a woman to the home unless her husband allows her to leave, legalizes child marriage by setting the marriageable age at first menstruation, and grants child custody rights to fathers and grandfathers before mothers" (para 3)
June 21, 2017, 12:01 p.m.
Countries: Saudi Arabia
Variables: CUST-LAW-1

"In a divorce, Saudi fathers retain all legal custody of children and all rights to the marital home. They’re granted full physical custody for girls at age 7 and often for boys at age 9" (p 7)
March 16, 2017, 11:51 a.m.
Countries: Guinea
Variables: ATDW-LAW-1, CUST-LAW-1

"Divorce laws generally favor men in awarding custody and dividing communal assets" (23).
Feb. 27, 2017, 5:43 p.m.
Countries: Ethiopia
Variables: CUST-LAW-1

"The law contains discriminatory regulations, such as the recognition of the husband as the legal head of the family and the sole guardian of children more than five years old" (29).
Dec. 29, 2016, 12:13 p.m.
Countries: Burkina Faso
Variables: CUST-LAW-1

"The law permits polygyny, but a woman must agree to it prior to marriage...Each spouse may petition for divorce, and the law provides that custody of a child may be granted to either parent, based on the child’s best interest. Mothers generally retained custody until their children reached age seven, at which time custody reverted to the father or his family" (20).
Dec. 9, 2016, 1:30 p.m.
Countries: South Korea
Variables: CUST-LAW-1

"The law permits a woman to head a household, recognizes a wife’s right to a portion of a couple’s property, and allows a woman to maintain contact with her children after a divorce. Custody cases were decided on their merits with women often gaining custody" (17).
Dec. 1, 2016, 8:07 p.m.
Countries: India
Variables: CUST-LAW-1

"Activists say the current law discriminates against women and are calling for a well-defined Muslim law that criminalises polygamy, unilateral divorce, child custody and child marriage" (Para 4).
Nov. 7, 2016, 1:31 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. Custody usually reverted to the father once girls and boys reached the ages of nine and seven, respectively. Regardless of custody decisions, the father retains guardianship, or the right to make all legal decisions for the child, until a child reaches the age of 21. A noncitizen woman automatically loses custody of her children if she divorces their citizen father 'without just cause'" (30).
Sept. 13, 2016, 5:32 p.m.
Countries: Saudi Arabia
Variables: CUST-LAW-1

“Some women are forced to accept the idea of misyar to have a male guardian in a society where most laws do not support her. In most cases custody laws will be in favor of men even if she is not married again. What will be the situation if she had married? Some adopts misyar secretly fearing she would lose her rights" (para 5).
Aug. 23, 2016, 8:08 a.m.
Countries: Serbia
Variables: ATDW-PRACTICE-2, CUST-LAW-1

"Although the Serbian Family Code makes men and women equals, societal values discriminate against women in many areas. Men and women are given equal authority as spouses and as parents, and either spouse may petition for divorce or for custody of the children" (1085)
Aug. 23, 2016, 7:43 a.m.
Countries: Slovenia
Variables: CUST-LAW-1, CUST-LAW-2

"The law demands special care and vigilance on the part of the court in protecting the interests of children. Parents must agree on a plan for their care, education, upbringing, and a visitation schedule for the noncustodial parent. The court—as the guardian of the child’s interests—decides on the appropriateness of such an agreement. The agreement must declare which parent will be the custodial parent (who is to be his or her legal guardian) and the obligations and rights of the noncustodial parent. The child, more-over, has the right to express his or her wishes in this matter. In Slovenia there are three possibilities: The child may be assigned to one ...more
Aug. 13, 2016, 7:58 p.m.
Countries: Algeria
Variables: ATDW-PRACTICE-1, CUST-LAW-1

“Women may seek divorce for irreconcilable differences and violation of a prenuptial agreement. In a divorce the law provides for the wife to retain the family’s home until 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. Women were more likely to retain the family’s home if they had custody of the children” (31).
Aug. 6, 2016, 5:57 p.m.
Countries: Nicaragua
Variables: CUST-PRACTICE-1, CUST-LAW-1, CUST-LAW-3

"As a general rule, when married couple with children divorces and starts to live separately, children stay with one of the parents. However, both parents have to share the expenses spent on the maintenance of their children. For this purpose, parents have to agree on their participation in child care and the amount of child support each of them has to pay. When determining the amount, income of parents and number of children is taken into account" (para 4)
July 26, 2016, 1:31 p.m.
Countries: Paraguay
Variables: CUST-LAW-1

"Article 11: With there being children who are minors at the time of the divorce suit, in case of urgency the spouses or any of them should request before the court that a provisionary ruling be made on a) designation of the person or persons who will be entrusted with the children; b) the way in which the children's needs will be met; c) the quantity of the pension for food for the children; d) the visiting rights; e) responsibility for the conjugal home. In case of controversy the case will be determined by the judge." This was translated from Spanish to English by CCR. (MLFD - CODER COMMENT)more
July 19, 2016, 3:56 p.m.
Countries: Trinidad/Tobago
Variables: CUST-LAW-1

"The Family Law (Guardianship of Minors, Domicile and Maintenance) Act, 1981 (equalized the rights of women to the custody of their children, and also allowed women (whether married or unmarried) to be equally entitled as men to pass their nationality onto their children who are born outside of Trinidad and Tobago);" (11) "In Trinidad and Tobago, women are given equal rights to men with regard to child custody as prescribed in the Family Law (Guardianship of Minors, Domicile and Maintenance) Act, 1981 which makes provisions for the custody and maintenance of children." (43)
June 27, 2016, 9:53 p.m.
Countries: Thailand
Variables: CUST-LAW-1

"Section 1566 of the Civil and Commercial Code stipulates that minors are to be under guardianship of their mothers and fathers. In case of divorce, such guardianship is subjected to the parents’ agreement. If the agreement cannot be reached, the court will make a decision, considering the best interests of the child and his/her well-being" (35).
May 31, 2016, 9:51 p.m.
Countries: Bhutan
Variables: CUST-LAW-1

"The Marriage (Amendment) Act of Bhutan 2009, section Kha 7.2 is amended as “In the case of married couple getting a divorce, children under the age of 9 years shall remain under the custody of the mother unless the court finds compelling reasons to order otherwise" (40).
May 15, 2016, 7:55 p.m.
Countries: Montenegro
Variables: CUST-LAW-1

"The number of women (children and adults) exercising the right to family cash benefit is 20,674, while the number of men (children and adults) is 18,364. The respective figures include 1,878 single mothers and 55 single fathers. The gap in the number of single parents is primarily due to the fact that upon dissolution of marriage or common-law marriage custody over children is mainly awarded to mothers and the fact that some fathers do not pay child support in compliance with the court decisions, so that single mothers are allocated family cash benefit." (77) TABLE "Following divorce, custody of children awarded to" In 1980 there were 259 divorces, 125 with ...more
April 14, 2016, 10:46 p.m.
Countries: Madagascar
Variables: CUST-LAW-1

"In the Districts of Mananjary and Nosy Varika, the birth of twins is considered by all the members of the community to be a curse, resulting in an absolute prohibition on keeping such children within their biological family. This prohibition also impacts the possibility for the people concerned to live in the locality of Mananjary. In the light of this situation, the Ministry of Justice, with support from UNDP, had studies carried out to understand the underlying reasons for this practice, the scale of it, and ways and means to be pursued in order to eradicate this discrimination with regard to twin children...However, the Ampanjaka hedged their position in that ...more
April 8, 2016, 6:37 a.m.
Countries: China
Variables: CUST-LAW-1

"After she filed for divorce, her husband and mother came and took her son away. She has not seen him for two years" (14).
March 29, 2016, 11:14 p.m.
Countries: Kuwait
Variables: CUST-LAW-1

"The Committee [the Committee on the Elimination of Discrimination Against Women] expresses its deep concern that article 110 of the State party’s Civil Code and article 209 of the Personal Status Act still vest the guardianship over a minor child to a father and other male relatives, while mothers can serve as guardians only when authorized through a court decision. Thus, mothers continue to be prevented from taking decisions and representing their children before official bodies, in particular with regard to registering their children in and transferring them to schools, which require a power of attorney from the father even if the mother has been appointed a guardian by the ...more
March 24, 2016, 10:41 a.m.
Countries: United States
Variables: CUST-LAW-1

"But the controversy has also uncovered a little-discussed issue: When some rape victims do choose to give birth to a child conceived through sexual assault, they find that the legal door is left wide open for their victimization to continue. It sounds unfathomable, but in many states the law makes it possible for rapists to assert their parental rights and use custody proceedings as a weapon against their victims [...] At least Missouri has a law on the books allowing the court to step in and terminate parental rights in a case like Prewitt's—at least 27 states have no statutes to protect the mothers of rape-conceived children. Meanwhile, victims continue ...more
March 11, 2016, 6:42 p.m.
Countries: Brunei
Variables: CUST-LAW-1

"The Order [The Islamic Family Law Order 2000] also grants priority to mothers to have the right of custody of her children if the mother fulfils the conditions and qualifications imposed by the Order. However, the child is entitled to choose to live with the mother or father once the child reaches the age when he/she is capable to differentiate a matter" (38)
March 2, 2016, 4:56 p.m.
Countries: Tunisia
Variables: CUST-LAW-1

"In the case where paternity is established, Tunisian law does not necessarily give custody to the mother. 'Even though the mother raised the child, the father is the one who decides. At every moment, he can decide to exert power on his child’s life — for example, intervening in crucial decisions regarding his education or health care — without even taking care of him on a daily basis,' Ben Jemia added. 'Another problem is that very often, the jurisprudence denies inheritance to children born out of wedlock'" (para 23)
Feb. 26, 2016, 10:59 a.m.
Countries: Iraq
Variables: CUST-LAW-1

"The pending Ja’afari draft law threatens a number of women’s rights...The draft law would also...automatically grant custody for children over two years-old to the father in divorce cases" (para 11)
Feb. 26, 2016, 10:59 a.m.
Countries: Iran
Variables: CUST-LAW-1

"Under Islamic Shari’a and Iranian law, the custody and guardianship of children are determined separately. While guardianship mainly deals with legal and financial issues and primarily belongs to the natural guardian (vali-ye-qahri), i.e. the father and/or paternal grandfather, the physical custody of children and raising them is the right and duty of both parents (Article 1168 of the Civil Code). However, in the case of divorce, only one parent can have this right and perform the duty....In the minor reforms of the Civil Code in 2002, despite the disagreement of the Guardian Council, the difference in the age of custody of boys and girls was removed and the age of ...more
Feb. 25, 2016, 10:38 a.m.
Countries: Yemen
Variables: LRW-PRACTICE-1, MARR-PRACTICE-1, ATDW-PRACTICE-2, CUST-LAW-1, IAW-PRACTICE-1, DV-PRACTICE-1

"Women cannot marry without the permission of their male guardians; they do not have equal rights to divorce, inheritance or child custody; and a lack of legal protection leaves them exposed to domestic and sexual violence” (para 21)