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

Latest items for CUST-LAW-1

June 9, 2021, 8:43 p.m.
Countries: Poland
Variables: CUST-LAW-1

"In the reporting period, women and men enjoyed the same right to child’s custody which was not affected by the marital status of the woman. Pursuant to the Family and Guardianship Code, the court could award parental custody to both parents or to one of the parents while limiting the parental authority of the other to specific obligations and rights towards the child. The court also decided about parents’ contacts with the child and about the extent to which each of spouses was obliged to incur the costs of maintaining and raising the child. The amendment of Article 58 of the Family and Guardianship Code of 13 June 2009 allowed...more
May 15, 2021, 7:08 p.m.
Countries: China
Variables: ATDW-LAW-1, ADCM-PRACTICE-1, CUST-LAW-1, ADDL-DATA-1

"Judges routinely refuse first requests for divorce, obliging plaintiffs to come back after a cooling-off period of up to three months. The policy should exclude cases involving violence, but many judges are too scared to declare a husband an abuser. Some judges fear being assaulted themselves. Others worry about presiding over a case that leads to a family murder. Women reporting abuse pose no threat, so they are brushed aside. But men who threaten violence are sometimes bought off with property or even child custody, especially when a son is involved...Judges are quick to spot those who arrive in court desperate for a divorce or for custody of a child....more
April 30, 2021, 8:17 p.m.
Countries: Egypt
Variables: CUST-LAW-1

"The draft law also gives fathers priority in child custody matters (currently mothers are given priority)" (para 2).
April 26, 2021, 11:49 a.m.
Countries: Italy
Variables: CUST-LAW-1

"...Act No. 54/2006...has...flipped the relevant custody system, under which children were assigned either to one of the parents according to the discretion of the presiding judge or the court or by understandings reached by the spouses. With the reform, if the parents separate, children are assigned to both parents as a rule, and only as an exception to one of them – in the latter event only if it responds to the best interest of the child" (106).
April 20, 2021, 5:05 p.m.
Countries: Egypt
Variables: CUST-LAW-1

"The president also called for changes to the personal status law in order to be balanced and to maintain the interests of both fathers and mothers on an equal footing. The president's initiative came amid much controversy over many of the draft law's articles which regulate marriage, divorce, alimony, and guardianship and custody issues" (para 10). "Al-Sisi said the law should help create a favourable climate for children who suffer because their parents are separated" (para 13).
March 4, 2021, 8:34 p.m.
Countries: United Kingdom
Variables: CUST-LAW-1

"In the UK surrogates are the legal mother of any child they carry, unless they sign a parental order transferring their rights to the intended parents when they give birth. The birth mother always has the right to keep her child, even if they are not genetically related" (para. 21-22).
Feb. 4, 2021, 10:24 p.m.
Countries: Afghanistan
Variables: CUST-LAW-1

"Asked if she ever considered leaving her husband, she reacted with complete surprise. 'I thought of dying,' she said. 'But I never thought of divorce. If I had separated from my husband, I would have lost my children, and they would have had no rights. I am not one to quit'" (para 21-22). This implies that the wife would not have custody of the children after a divorce (JCE- CODER COMMENT).
Feb. 4, 2021, 6:07 p.m.
Countries: Syria
Variables: MARR-LAW-5, ATDW-PRACTICE-2, ATDW-LAW-5, ADCM-LAW-1, CUST-LAW-1

"In Syria, divorce is a frightening prospect for women. Although citizens have equal rights in civil law, family law and divorce falls within the realm of sharia. Men, but not women, can unilaterally divorce with only a verbal decree. If a woman divorces through court proceedings, she rarely gets alimony, and she loses custody of young children if she remarries" (para 33).
Jan. 31, 2021, 1:58 p.m.
Countries: Angola
Variables: CUST-LAW-1

“Children are recognized as equals in terms of their filiation, regardless of whether they are born in or out of wedlock” (pp. 25).
Jan. 1, 2021, 2:12 p.m.
Countries: Iran
Variables: RCDW-LAW-1, CUST-LAW-1

“To many critics, the erasure of the three little girls from the textbook highlighted more than four decades of state-imposed discrimination against women, including discriminatory laws that give women less rights in areas such as child custody and divorce and force them to cover their hair and body in public” (para. 11).
Dec. 24, 2020, 10:09 a.m.
Countries: Syria
Variables: ATDW-PRACTICE-2, ATDW-LAW-1, ADCM-PRACTICE-1, CUST-LAW-1

"In Syria, divorce is a frightening prospect for women. Although citizens have equal rights in civil law, family law and divorce falls within the realm of sharia. Men, but not women, can unilaterally divorce with only a verbal decree. If a woman divorces through court proceedings, she rarely gets alimony, and she loses custody of young children if she remarries" (para 33).
Dec. 20, 2020, 6:53 p.m.
Countries: Bahrain
Variables: CUST-LAW-1

"Custody orders ad judgements of foreign courts are not enforceable in Bahrain if they contradict or violate local laws and practices. In Bahrain, Shia and Sunni women have different legal rights in relation to child custody, however, both groups of women are denied legal custody of their children. Women are usually only granted physical custody of their children in Bahrain, even if the father is absent. Sunni women are granted custody of their children up until males are 15 years old, and females are 17 years old, or until they marry (whichever is sooner). Shia women are granted physical custody of male children until they are aged 7, and female...more
Aug. 12, 2020, 3:12 p.m.
Countries: Mauritania
Variables: CUST-LAW-1

"Mauritania's laws on...child custody...discriminate against women" (para 24).
Aug. 10, 2020, 7:03 p.m.
Countries: Afghanistan
Variables: CUST-LAW-1

"Both Sunni and Shia fathers have priority right over the guardianship of their children. For Sunnis, the Civil Code is silent on the person with the priority right over the guardianship of the children in a marriage. Nevertheless, it is implied in the Civil Code that the priority right over the guardianship of the children belongs to father through various provisions as follows: (i) Under Article 71(1) of the Civil Code, the father may conclude the marriage of girls between 15 and 16 years of age; (ii) Under Article 252, as long as the mother is married, she cannot take the child on a journey without the permission of the...more
Aug. 10, 2020, 3:10 p.m.
Countries: United States
Variables: CUST-LAW-1

“Unless you count the fact that rapists can sue for custody of children born of rape in more than 30 states” (para 7).
Aug. 7, 2020, 4:32 p.m.
Countries: Jordan
Variables: CUST-LAW-1

"Jordan's personal status code remains discriminatory, despite a 2010 amendment that widened women's access to…child custody" (para 17).
May 31, 2020, 4:27 p.m.
Countries: North Korea
Variables: CUST-LAW-1

"In accordance with the Criminal Procedure Law execution of penalty for pregnant women is suspended for three months before delivery and seven months after delivery. In accordance with the Civil Procedures Law, a divorce case is dismissed if it is raised against a pregnant woman or a woman with a child under one year of age. The court, when hearing a divorce case, is obliged to settle matters relating to child maintenance and division of family property. Hearing of claims concerning child maintenance and cases raised by a woman with a child under one year of age or several children are administered by the court that has jurisdiction over the...more
April 22, 2020, 5:16 p.m.
Countries: Lebanon
Variables: CUST-LAW-1

"Shia, Sunni, and Druze religious laws generally maintain that, in the event of divorce, the child’s age, not their best interests, should determine with whom they reside. In a recent development, Sunni judges can, at their discretion, consider the best interest of the child in determining custody. Similarly, Christian personal status laws also use a child’s age as a principle factor in determining custody but also allow judges, at their discretion, to make custody determinations based on the best interest of the child" (17). "Across religious laws with the exception of the Armenian-Orthodox personal status law, the right of guardianship both during marriage and after is granted to the father...more
April 4, 2020, 8:45 a.m.
Countries: Rwanda
Variables: CUST-LAW-1

"Law No. 54/2011 of 14 December 2011 relating to the rights and the protection of the child, which provides for the same responsibilities for child protection by both parents;" (2).
Feb. 22, 2020, 9:29 p.m.
Countries: Brunei
Variables: CUST-LAW-1, IAW-LAW-1, IAD-LAW-1

"In accordance with the government’s interpretation of the Koran’s precepts, Muslim women and men are accorded different rights. Islamic family law considers women the 'most entitled person' to custody of children in the case of divorce, and requires that men receive twice the inheritance of women" (15)
Feb. 14, 2020, 12:34 p.m.
Countries: Lebanon
Variables: CUST-LAW-1

"Religious law on child custody matters favors the father in most instances" (29).
Jan. 30, 2020, 10:11 p.m.
Countries: Indonesia
Variables: CUST-LAW-1, IAW-PRACTICE-1, POLY-LAW-1

"In Bali, women are often tricked into polygamous marriages, he said, with their husbands-to-be lying to them about being unmarried until they’re brought home to find several other wives already living there. Yet women often stay in these marriages because they would lose everything if they divorced. According to Balinese customary law, a husband retains possession of all inheritance, property and, most devastatingly, children" (para 10)
Dec. 14, 2019, 6:47 p.m.
Countries: Guatemala
Variables: CUST-LAW-1

"And far from being kept from the family he tore apart, under Guatemalan law Gehovany has the right to visit his son upon release, according to legal officials in Guatemala" (para 8).
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).