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

Latest items for CUST-LAW-2

Jan. 6, 2022, 12:09 p.m.
Countries: Somalia
Variables: CUST-LAW-2

"No, children are not denied rights because their parents are divorced" (1).
Sept. 13, 2021, 2:24 p.m.
Countries: China
Variables: CUST-LAW-2

"Although under both civil law and marriage law the children of single women are entitled to the same rights as those born to married parents, in practice children born to single mothers or unmarried couples are considered 'outside of the policy' and subject to the social compensation fee and the denial of legal documents, such as birth documents and the hukou residence permit. Single women could avoid those penalties by marrying within 60 days of the baby’s birth" (67).
July 3, 2021, 4:03 p.m.
Countries: Morocco

"Article 32 of the constitution states that 'the family based on the relationship of legitimate marriage is the basic cell of society,' but adds 'the State will ensure equal legal protection, and equal social and moral consideration for all children regardless of their familial status.' Article 148 of the Moudawana contradicts Article 32 of the constitution, stating that 'Illegitimate filiation does not produce any of the effects of legitimate filiation in relation to the father.' The mother does not receive the same ruling as Article 146 states, 'filiation, whether it results from a legitimate or illegitimate relationship, is the same in relation to the mother, as regards the effects which...more
Feb. 15, 2021, 9:45 p.m.
Countries: Egypt
Variables: CUST-LAW-2

"'The unregistered marriages are not recognised by the state and afford no rights to the girl, or any children that result from these unions'" (para 19).
Feb. 4, 2021, 10:24 p.m.
Countries: Afghanistan
Variables: CUST-LAW-2

"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 children of divorced parents have no rights (JCE- CODER COMMENT).
April 22, 2020, 5:16 p.m.
Countries: Lebanon
Variables: CUST-LAW-2

"Discriminatory rulings and laws also serve to undermine children’s rights. Judges remain unconstrained by any clear legal text on the best interest of the child, and in all cases, they have wide discretion to rule as they deem fit, guided only by the maternal custody age. The non-recognition of joint custody by religious courts in Lebanon, except for few Christian courts recent decisions where it is in a judge’s discretion to recognize it, further undermines the best interests of the child" (76). "The general principle across religious laws is that fathers have legal guardianship of children. While fathers, but not mothers, always maintain guardianship over their children, child residence is...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).
March 11, 2019, 11:13 a.m.
Countries: Kazakhstan
Variables: CUST-LAW-2

"The death of the husband does not result in a restriction of the parental rights of the children’s mother. A woman’s right to custody of her children is not lost in the event of marriage or divorce. Women have the same rights as men with regard to custody, guardianship and adoption" (42).
March 7, 2019, 11:23 a.m.
Countries: Mauritania

"Women have legal rights to property and child custody, and the more educated and urbanized members of the population recognized these rights. Nevertheless, women had fewer legal rights than men. Divorced women, for example, could lose child custody if they remarried" (page 19).
Feb. 25, 2019, 7 p.m.
Countries: Saudi Arabia
Variables: CUST-LAW-2

"And from last year mothers in Saudi Arabia can retain custody of their children after divorce without filing lawsuits. Previously, a Saudi woman was required to petition courts, sometimes for years, to win custody of children after a divorce. But in 2018 the Saudi Justice Ministry released a circular to the courts specifying that barring a dispute between the parents, a mother is required only to apply for custodianship" (para 13 - 14).
Sept. 5, 2018, 10:07 a.m.
Countries: Japan
Variables: CUST-LAW-2

"The law requires birth entries in the family registry to specify whether a child was born in or out of wedlock, but in 2013 the Supreme Court unanimously declared unconstitutional a civil code clause that denied full inheritance rights to children born out of wedlock" (16).
Sept. 5, 2018, 10:06 a.m.
Countries: Japan
Variables: CUST-LAW-2

"The law requires birth entries in the family registry to specify whether a child was born in or out of wedlock, but in 2013 the Supreme Court unanimously declared unconstitutional a civil code clause that denied full inheritance rights to children born out of wedlock" (16).
Dec. 20, 2017, 1:15 p.m.
Countries: Afghanistan

"When she [a divorced Afghani woman] needed government identifications for her children, the clerk never asked about her relationship to them but kept inquiring, 'where is their father?'" (para 5).
Sept. 21, 2017, 5:35 p.m.
Countries: United States

"This whole legal mess is rooted in laws that were written more than half a century ago, experts say. Back then, society didn't legally acknowledge parental rights for children who were born to unmarried women -- 'or, to use an antiquated term, "born out of wedlock,"' said Multnomah County, Oregon, Circuit Court Judge Katherine Tennyson, president of the National Council of Juvenile and Family Court Judges. 'So traditionally, laws didn't take into account how was the child was conceived'"(para 27-28)
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
July 27, 2016, 4:21 p.m.
Countries: Venezuela
Variables: CUST-LAW-2

"Chapter V On social rights and families Art. 76 Maternity and paternity are integrally protected, regardless of the marital status of the mother or the father. Couples have the right to decide freely and responsibly on the amount of children they wish to have and to have access to the means and information that allow them to exercise this right. The state will guarantee the assistance and integral protection during maternity, in general since conception, throughout the pregnancy, the delivery and post-partum. It will ensure family planning services based on ethical and scientific values. The father and the mother have the shared and unrecognisable duty to raise, instruct, educate, support...more
July 27, 2016, 3:44 p.m.
Countries: Cuba
Variables: CUST-LAW-2

“Art.65 All children are equal and therefore are entitled to the same rights regarding their parents, regardless of their marital status” (11). This was translated from Spanish to English by CCR. (MLFD – CODER COMMENT)
July 26, 2016, 5:58 p.m.
Countries: Spain
Variables: CUST-LAW-2

"Written in 1978, last revised 2011. Spanish constitution, Third Chapter Of the reigning principles from social and economic policies, Art. 39. 2) The public powers also ensure the integral protection of children, they have the same rights before the law regardless of their filiation, and the marital status of their mothers. The law will enable investigations regarding paternity. 3) Parents should provide any kind of assistance necessary to their children, disregarding if they were born within or outsid of marriage, for as long as they are minors and in cases in which it is legally necessary" (8). NOTE: This is not addressed in the civil code, only in the constitution;...more
July 26, 2016, 5:43 p.m.
Countries: Panama
Variables: CUST-LAW-2

"Art.237 All children, male or female, are the equal before the law and have the same rights and duties regarding their parents, be them by kinship or adoptive." This was translated from Spanish to English by CCR. (MLFD - CODER COMMENT)
July 26, 2016, 5:24 p.m.
Countries: Peru
Variables: CUST-LAW-2

"Art.235 Parents are obligated to provide for the support, protection, education and upbringing of their children who are minors according to their situation and possibilities. All children have the same rights." This is translated from Spanish to English by CCR. (MLFD - CODER COMMENT)
July 26, 2016, 4:52 p.m.
Countries: Argentina
Variables: CUST-LAW-2

"The concept of equality manifests itself in two different ways in the Argentinian system: equality in the rights of the children (whether they were born in or out of wedlock) and in the determination of parentage." This was translated from Spanish to English by CCR. (MLFD - CODER COMMENT)
July 26, 2016, 2:37 p.m.
Countries: Germany
Variables: CUST-LAW-2

"The Court noted that it was not in dispute that the application of the relevant provisions of domestic law had created a situation in which a child born outside marriage before the cut-off date of 1 July 1949 was treated differently not only to children born within marriage but also to children born outside marriage both before – as concerned children covered by the law of the former GDR whose father had been resident in GDR territory at the time of reunification – and after that cut-off date. In the Court’s view, the arguments put forward for maintaining the provision in question were no longer valid today; like other European...more
July 26, 2016, 1:58 p.m.
Countries: Paraguay
Variables: CUST-LAW-2

"Art.225 Legitimate children: Children conceived during the common law marriage are considered legitimate” (21). This was translated from Spanish to English by CCR. (MLFD - CODER COMMENT)
July 26, 2016, 1:54 p.m.
Countries: Paraguay
Variables: CUST-LAW-2

"Art.256 Child support on the grounds of kinship comprehends an amount sufficient for survival, room and dress, as well as healthcare. If the person benefiting from child support is in an age where it is required to receive an education, this should also be covered by child support. Child support is granted through kinship not on the grounds of marital status" (24). This was translated from Spanish to English by CCR. (MLFD - CODER COMMENT)
May 15, 2016, 7:55 p.m.
Countries: Montenegro
Variables: CUST-LAW-2

"Although the child has the right to live with both parents, following divorce this is no longer possible. The court is obliged to determine by its divorce judgment which parent will continue to take care of children, guided by the child’s interest. For the first time, the Family Law introduces in our legislation the provision that parents may continue to jointly exercise parental right even when they cease cohabitation, provided that they sign an agreement on joint exercise of parental right and that the court deems that such an agreement is in the child’s best interest (Article 76, par. 2). Thus, parents can exercise all the rights and duties from...more
Feb. 26, 2016, 10:59 a.m.
Countries: Guinea
Variables: CUST-LAW-2

"The Civil Code also awards certain exclusive rights to husbands, such as the following...Fathers have guardianship of minor children as long as both parents are living. In the event of the father’s death, a guardian is selected by a family council, which will also decide who has care of children aged over 7 in the event of divorce" (28)
Jan. 18, 2016, 4:56 p.m.
Countries: Brazil
Variables: CUST-LAW-2, CUST-LAW-3

"On November 5, 2008, Brazilian President Luiz Inácio Lula da Silva signed Law No. 11,804, making it mandatory that the alleged father of a child pay child support during the mother's pregnancy. In the past, the father was only compelled to pay child support after the baby was born and paternity was proven through a DNA test. Article 6 of the Law now establishes that the mother can file a petition asking the court for child support, and if the judge is convinced that the man indicated by the mother is the father of the child, the court may grant the mother the benefit and require the father to pay....more
Jan. 17, 2016, 7:05 p.m.
Countries: Kenya
Variables: CUST-LAW-1, CUST-LAW-2

"Further, custody is almost always awarded to the father when a customary marriage ends in divorce. The Children’s Act of 2001 also stipulates that the children born to unmarried mothers are the sole responsibility of the mother; only when the father claims responsibility or lives with the mother for 12 months following birth does he gain legal responsibility" (Para 3)
Jan. 17, 2016, 6:55 p.m.
Countries: Kazakhstan

"Mikhail Klenchin, a law specialising in divorce cases, told IWPR that filing for a court order is a simple process, and is exempt from the normal state tax. 'It should be noted that alimony payments can be ordered not just after a divorce, but also in cases where there has been no marriage, and also while the couple are still married,' he explained. The claimant can name any sum she wants in her application, but the rates are set according to the man’s income and depend on the number of children – a quarter of his wages for one child, a third for two, and half when there are three...more
Jan. 16, 2016, 3:47 p.m.
Countries: Jamaica
Variables: CUST-LAW-2

Children are "legitimate whether the parents are married or not" (22)