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

Latest items for CUST-LAW-1

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).
March 14, 2018, 3:42 p.m.
Countries: Guinea
Variables: CUST-LAW-1

"It notes that, according to information given by the State party, the draft Civil Code is compatible with the Convention and will replace all existing discriminatory provisions, such as the provisions about the age of marriage being lower for girls than for boys and about men being the head of the family, thereby having many rights that women do not have, in particular with regard to the custody of minor children" (15).
March 13, 2018, 8:04 p.m.
Countries: Saudi Arabia
Variables: CUST-LAW-1

"Divorced mothers in Saudi Arabia have won the right to retain custody of their children in the kingdom's latest 'liberal' reform...The latest move has seen a relaxing of strict rules that heavily favour male guardianship in the event of divorce. In the past, Saudi women were forced to launch lengthy court battles to win custody after a marriage breakdown. But the Saudi Justice Ministry has now told courts that, provided there is no dispute between parents, a mother is only required to apply for custodianship. But while the move also allows mothers to keep their offsprings' passports, the court memo stops short of giving women the ability to leave the...more
Feb. 27, 2018, 11:14 p.m.
Countries: Niger
Variables: CUST-LAW-1

"The courts keep the best interests of the child in mind in all decisions that affect them, and especially when awarding custody to one parent in cases of separation" (pg 8).
Feb. 23, 2018, 8:47 p.m.
Countries: Moldova
Variables: CUST-LAW-1

"The legal and regulatory frameworks provide for prevention and elimination of gender stereotypes in society. The Family Code provides for equal responsibility of parents for child education and caretaking both during marriage and in case of divorce. In case of divorce the court decides which of the parents the minor child will be living with after divorce. But the national judicial practice shows that, in most cases, the court gives preference to children living with their mother after divorce. As a result, most single-parent families are headed by women (89.1% in 2010)" (Pg 11).
Feb. 14, 2018, 11:45 a.m.
Countries: Palestine
Variables: CUST-LAW-1

" Guardianship over a person operates in the same was as guardianship for marriage. It reverts to the closest male relatives of the boy or girl, in accordance with the predominant practice in the Hanafi school" (68). "Personal status laws in force among Muslims grant a woman the right to custody of her children, provided she is capable and regardless whether the woman is married or divorced and or whether the children are male or female. The father’s guardianship over his children continues throughout the custody period" (70). "After the mother, custody reverts to the next woman in the line of succession provided for in the Hanafi school, that is...more
Feb. 7, 2018, 10:37 a.m.
Countries: Sweden
Variables: CUST-LAW-1

"When parents have joint custody of a child, half of the child allowance is to be paid to each parent, if the parents have not reported who is to be the recipient. If the child resides alternately with both parents, half of the child allowance is paid to each parent, if the parent who wants the benefit to be shared shows that it is probable that there is alternate residence" (page 24). "In November 2013 the Riksdag adopted the Government’s proposal of an amendment to the payment rules for child allowance. When parents have joint custody of a child, half of the child allowance is to be paid to each...more
Jan. 17, 2018, 4:41 p.m.
Countries: Israel
Variables: CUST-LAW-1

"The husband's refusal to divorce his wife results not only in the wife's inability to remarry but also in strict restrictions on her freedom to set up new family life. Should she have a sexual relationship with another man, she is considered a rebellious wife and may lose her rights to child custody and spousal maintenance although she remains married" (18).
Oct. 26, 2017, 11:20 a.m.
Countries: Russia
Variables: CUST-LAW-1

"Even when Russian courts pass decisions in favour of women, the local authorities, especially in Chechnya, openly sabotage their implementation. They have, for example, ignored court orders in favour of women in custody disputes, citing 'tradition'. In one case taken to the European Court for Human Rights, the Russian state itself cited 'tradition' as an obstacle to enforcing custody decisions. Some mothers have been unlawfully separated from their children for years"(para 9)
Sept. 21, 2017, 5:35 p.m.
Countries: United States
Variables: CUST-LAW-1

"That's how an 18-year-old Noemi felt when she learned that she had no choice but to hand over her baby daughter to the man convicted of assaulting her.Noemi's child was conceived in the assault, and Nebraska's laws on parental rights forced her to agree to court-sanctioned visits between her daughter and her attacker"(para 2-3)."Noemi's story isn't unusual. Across America, there are state laws that don't protect women who became pregnant through rape from being forced to share their children with their rapists"(para 6). According to the infographic, New Mexico, Wyoming, North Dakota, Minnesota, Mississippi, Alabama, and Maryland do not have state laws protecting rape victims from custody fights (ENB-Coder Comment)."Her...more
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)