Latest items for CUST-LAW-1
Dec. 6, 2024, 10:40 a.m.
Countries: Mauritania
Variables: CUST-LAW-1
"Women typically get priority over men for custody of any children after a divorce" (para 21).
Variables: CUST-LAW-1
"Women typically get priority over men for custody of any children after a divorce" (para 21).
Dec. 5, 2024, 6:08 p.m.
Countries: Tajikistan
Variables: CUST-LAW-1
"'At first he came once a year and stayed for a month. Then he stopped coming at all. Finally, I learned that he had married a second time and was living with his new family. Then I decided to leave him because he didn't want me and our children anymore,' Amina says. His parents refused to let her take custody of their three children because she lacked financial means. She still visits them often" (para 12-13).
Variables: CUST-LAW-1
"'At first he came once a year and stayed for a month. Then he stopped coming at all. Finally, I learned that he had married a second time and was living with his new family. Then I decided to leave him because he didn't want me and our children anymore,' Amina says. His parents refused to let her take custody of their three children because she lacked financial means. She still visits them often" (para 12-13).
Dec. 5, 2024, 4:37 p.m.
Countries: Norway
Variables: CUST-LAW-1
"The Committee...remains concerned that situations of domestic violence may not be adequately addressed in decisions on child custody, particularly when alternate residence is contemplated" (16).
Variables: CUST-LAW-1
"The Committee...remains concerned that situations of domestic violence may not be adequately addressed in decisions on child custody, particularly when alternate residence is contemplated" (16).
Nov. 16, 2024, 4:03 p.m.
Countries: Iran
Variables: ERBG-PRACTICE-1, MARR-PRACTICE-1, ATDW-LAW-2, ADCM-LAW-1, CUST-LAW-1
"Women in Iran do not have the same legal protections as men, and are particularly vulnerable when it comes to issues such as marriage, child custody, divorce and even employment" (Para 23).
Variables: ERBG-PRACTICE-1, MARR-PRACTICE-1, ATDW-LAW-2, ADCM-LAW-1, CUST-LAW-1
"Women in Iran do not have the same legal protections as men, and are particularly vulnerable when it comes to issues such as marriage, child custody, divorce and even employment" (Para 23).
Nov. 1, 2024, 10:41 a.m.
Countries: Nigeria
Variables: CUST-LAW-1
“'Many [women] are scared that if they leave an abusive marriage, their husbands may not allow them to go with the kids, and the new wife of their spouse may maltreat their children. There is also a belief among Nigerians that single mothers will lead their children astray even when there is no empirical support for this,' says Wemimo Oke, a psychologist and marriage counselor" (para 31).
Variables: CUST-LAW-1
“'Many [women] are scared that if they leave an abusive marriage, their husbands may not allow them to go with the kids, and the new wife of their spouse may maltreat their children. There is also a belief among Nigerians that single mothers will lead their children astray even when there is no empirical support for this,' says Wemimo Oke, a psychologist and marriage counselor" (para 31).
Oct. 16, 2024, 3:19 p.m.
Countries: Iran
Variables: ERBG-PRACTICE-1, MARR-PRACTICE-1, ATDW-LAW-2, ADCM-LAW-1, CUST-LAW-1
"Women in Iran do not have the same legal protections as men, and are particularly vulnerable when it comes to issues such as marriage, child custody, divorce and even employment" (Para 23).
Variables: ERBG-PRACTICE-1, MARR-PRACTICE-1, ATDW-LAW-2, ADCM-LAW-1, CUST-LAW-1
"Women in Iran do not have the same legal protections as men, and are particularly vulnerable when it comes to issues such as marriage, child custody, divorce and even employment" (Para 23).
March 30, 2024, 2:46 p.m.
Countries: Lithuania
Variables: CUST-LAW-1
"The declaration of legal incapacity or restricted capacity of more than 4,500 women with disabilities in the State party, including women with intellectual and psychosocial disabilities, [] denies them the right to marry and custody of their children" (13-14).
Variables: CUST-LAW-1
"The declaration of legal incapacity or restricted capacity of more than 4,500 women with disabilities in the State party, including women with intellectual and psychosocial disabilities, [] denies them the right to marry and custody of their children" (13-14).
Jan. 16, 2024, 6:33 p.m.
Countries: Botswana
Variables: CUST-LAW-1
"The enactment of the Children’s Act in 2009 has also contributed to addressing some of the discriminatory cultural practices. For example, whereas customarily an unmarried father has no access to his child, let alone custody, the Children’s Act, 2009 permits access and custody to the father and in appropriate circumstances the father can be given sole custody" (6). "The High Court in a number of decisions has held itself as the upper guardian of all minor children and in terms of the Children’s Act which incorporates the concept of the best interests of the child as espoused in the Convention on Children’s Rights. The High Court is enjoined to ensure...more
Variables: CUST-LAW-1
"The enactment of the Children’s Act in 2009 has also contributed to addressing some of the discriminatory cultural practices. For example, whereas customarily an unmarried father has no access to his child, let alone custody, the Children’s Act, 2009 permits access and custody to the father and in appropriate circumstances the father can be given sole custody" (6). "The High Court in a number of decisions has held itself as the upper guardian of all minor children and in terms of the Children’s Act which incorporates the concept of the best interests of the child as espoused in the Convention on Children’s Rights. The High Court is enjoined to ensure...more
Nov. 3, 2023, 11:41 a.m.
Countries: South Korea
Variables: CUST-LAW-1
“'It's difficult lugging this around,' she says loading her equipment into a fancy elevator to service her third apartment of the morning. 'I can be fired tomorrow morning and I'll get nothing, and I have no pension. But at least I have been able to pick my daughter up from school’” (para 30). Women are the default caregivers, regardless of employment status. This may indicate that custody after divorce is automatically granted to mothers (ET - CODER COMMENT).
Variables: CUST-LAW-1
“'It's difficult lugging this around,' she says loading her equipment into a fancy elevator to service her third apartment of the morning. 'I can be fired tomorrow morning and I'll get nothing, and I have no pension. But at least I have been able to pick my daughter up from school’” (para 30). Women are the default caregivers, regardless of employment status. This may indicate that custody after divorce is automatically granted to mothers (ET - CODER COMMENT).
Sept. 18, 2023, 2 a.m.
Countries: Bhutan
Variables: CL-PRACTICE-1, CL-DATA-1, DLB-DATA-1, CUST-LAW-1
"Also of concern is the burden on women as caretakers and unpaid workers in the home, which may hinder or entirely preclude professional development. In the case of divorce, Bhutanese law grants custody of children under nine years old to the mother, a statute that may further ingrain the stereotype of women as primary caregivers. A 2001 study found that, in rural areas, women were responsible for cooking, washing clothes, and preserving food for over 80 percent of households; urban regions presented an even starker figure, with more than 90 percent of households leaving cooking, cleaning, washing and food purchasing to women. These time-consuming tasks undeniably present a barrier to...more
Variables: CL-PRACTICE-1, CL-DATA-1, DLB-DATA-1, CUST-LAW-1
"Also of concern is the burden on women as caretakers and unpaid workers in the home, which may hinder or entirely preclude professional development. In the case of divorce, Bhutanese law grants custody of children under nine years old to the mother, a statute that may further ingrain the stereotype of women as primary caregivers. A 2001 study found that, in rural areas, women were responsible for cooking, washing clothes, and preserving food for over 80 percent of households; urban regions presented an even starker figure, with more than 90 percent of households leaving cooking, cleaning, washing and food purchasing to women. These time-consuming tasks undeniably present a barrier to...more
Sept. 18, 2023, 2 a.m.
Countries: Bhutan
Variables: CL-PRACTICE-1, CL-DATA-1, DLB-DATA-1, CUST-LAW-1
"Also of concern is the burden on women as caretakers and unpaid workers in the home, which may hinder or entirely preclude professional development. In the case of divorce, Bhutanese law grants custody of children under nine years old to the mother, a statute that may further ingrain the stereotype of women as primary caregivers. A 2001 study found that, in rural areas, women were responsible for cooking, washing clothes, and preserving food for over 80 percent of households; urban regions presented an even starker figure, with more than 90 percent of households leaving cooking, cleaning, washing and food purchasing to women. These time-consuming tasks undeniably present a barrier to...more
Variables: CL-PRACTICE-1, CL-DATA-1, DLB-DATA-1, CUST-LAW-1
"Also of concern is the burden on women as caretakers and unpaid workers in the home, which may hinder or entirely preclude professional development. In the case of divorce, Bhutanese law grants custody of children under nine years old to the mother, a statute that may further ingrain the stereotype of women as primary caregivers. A 2001 study found that, in rural areas, women were responsible for cooking, washing clothes, and preserving food for over 80 percent of households; urban regions presented an even starker figure, with more than 90 percent of households leaving cooking, cleaning, washing and food purchasing to women. These time-consuming tasks undeniably present a barrier to...more
June 12, 2023, 4:20 p.m.
Countries: Jordan
Variables: CUST-LAW-1
"It is no secret that national penal codes throughout Southwest Asian and North African (SWANA) countries include discriminatory laws against women in the areas of marriage, divorce, and child custody. Sharia law is used to justify these familial laws throughout the SWANA region, but modern interpretations of Sharia differ from what is actually written in the Quran" (Para.1). "Perhaps one of the most damaging aspects of familial law for women relates to child custody, where mothers find themselves at the mercy of fathers and all-male courts. Although social movements advocating for women’s rights and led by Arab women in the region have been essential, with important strides made throughout the...more
Variables: CUST-LAW-1
"It is no secret that national penal codes throughout Southwest Asian and North African (SWANA) countries include discriminatory laws against women in the areas of marriage, divorce, and child custody. Sharia law is used to justify these familial laws throughout the SWANA region, but modern interpretations of Sharia differ from what is actually written in the Quran" (Para.1). "Perhaps one of the most damaging aspects of familial law for women relates to child custody, where mothers find themselves at the mercy of fathers and all-male courts. Although social movements advocating for women’s rights and led by Arab women in the region have been essential, with important strides made throughout the...more
March 31, 2023, 2:31 p.m.
Countries: Egypt
Variables: CUST-LAW-1
"[W]hile women retain custody of children after divorce until 15 years of age, fathers are guardians of children even if the mother has custody, and that women are denied custody of their children upon remarriage" (14).
Variables: CUST-LAW-1
"[W]hile women retain custody of children after divorce until 15 years of age, fathers are guardians of children even if the mother has custody, and that women are denied custody of their children upon remarriage" (14).
March 8, 2023, 1:43 p.m.
Countries: Montenegro
Variables: CUST-LAW-1
"The Family Law of Montenegro stipulates that the court may, following a decision in a non-litigation procedure, restrict the parental right of a parent who negligently performs their rights or duties towards the child. From the reasons established by the Law for which the parental right is limited, it is obvious that the children are not separated from the mother due to her disability" (23).
Variables: CUST-LAW-1
"The Family Law of Montenegro stipulates that the court may, following a decision in a non-litigation procedure, restrict the parental right of a parent who negligently performs their rights or duties towards the child. From the reasons established by the Law for which the parental right is limited, it is obvious that the children are not separated from the mother due to her disability" (23).
Feb. 24, 2023, 12:54 p.m.
Countries: Nepal
Variables: CUST-LAW-1
"Section 4 (1), 4 (2), 4 (3), and 4 (4) of the Children Act, 1992, assign obligation of parents to take care of their children. Section 8 of the Act and Number 3 (4) of Chapter on Husband and Wife of the General Code provision to maintain contact of children with separated parents on dissolution of marriage. Likewise, number 3 of Chapter on Husband and Wife of General Code guarantees the first right of mother to provide guardianship to her child below 5 years of age after the dissolution of marriage." (37).
Variables: CUST-LAW-1
"Section 4 (1), 4 (2), 4 (3), and 4 (4) of the Children Act, 1992, assign obligation of parents to take care of their children. Section 8 of the Act and Number 3 (4) of Chapter on Husband and Wife of the General Code provision to maintain contact of children with separated parents on dissolution of marriage. Likewise, number 3 of Chapter on Husband and Wife of General Code guarantees the first right of mother to provide guardianship to her child below 5 years of age after the dissolution of marriage." (37).
Feb. 6, 2023, 12:07 p.m.
Countries: Kyrgyzstan
Variables: CUST-LAW-1
"The Committee [on the Elimination of All Forms of Discrimination against Women]…recommends that the State party…[e]nsure that women and men have the same rights and responsibilities in marriage and family relations and upon their dissolution, including equal parental rights, irrespective of their marital status" (16).
Variables: CUST-LAW-1
"The Committee [on the Elimination of All Forms of Discrimination against Women]…recommends that the State party…[e]nsure that women and men have the same rights and responsibilities in marriage and family relations and upon their dissolution, including equal parental rights, irrespective of their marital status" (16).
Jan. 12, 2023, 8:01 p.m.
Countries: Nicaragua
Variables: CUST-LAW-1
"This was soon followed by, 'the Law Regulating Relations Between Mothers, Fathers and Children [1981]...which created equal rights over children for both parents; and the Law of Nurturing [1982] which obliged all men to contribute to their children’s upkeep and to do their share of household tasks' (Collinson et al, 1990)" (para 13) (NF - CODER COMMENT - This law implies that prior to its implementation, that there was no real law holding men responsible for their children nor was there equal custody. The inclusion of household tasks into this law indicates that there are/were very strict gender roles that further isolated women from the work and social sphere).more
Variables: CUST-LAW-1
"This was soon followed by, 'the Law Regulating Relations Between Mothers, Fathers and Children [1981]...which created equal rights over children for both parents; and the Law of Nurturing [1982] which obliged all men to contribute to their children’s upkeep and to do their share of household tasks' (Collinson et al, 1990)" (para 13) (NF - CODER COMMENT - This law implies that prior to its implementation, that there was no real law holding men responsible for their children nor was there equal custody. The inclusion of household tasks into this law indicates that there are/were very strict gender roles that further isolated women from the work and social sphere).more
Sept. 7, 2022, 10:35 p.m.
Countries: Armenia
Variables: ATDW-PRACTICE-1, ATDW-LAW-1, ADCM-PRACTICE-1, ADCM-LAW-1, CUST-LAW-1
"The Family Code stipulates that spouses have equal decision-making authority over children following divorce. In cases where no consensus can be reached, the court takes the decision. When a divorce is granted, the law provides that a couple’s assets are to be divided equally. In many cases, however, the law is not followed either because a registrar did not record the marriage or because the woman signed a prenuptial agreement nullifying certain provisions of the law" (3-4).
Variables: ATDW-PRACTICE-1, ATDW-LAW-1, ADCM-PRACTICE-1, ADCM-LAW-1, CUST-LAW-1
"The Family Code stipulates that spouses have equal decision-making authority over children following divorce. In cases where no consensus can be reached, the court takes the decision. When a divorce is granted, the law provides that a couple’s assets are to be divided equally. In many cases, however, the law is not followed either because a registrar did not record the marriage or because the woman signed a prenuptial agreement nullifying certain provisions of the law" (3-4).
May 16, 2022, 8:09 p.m.
Countries: Suriname
Variables: CUST-LAW-1
"In the Draft Revised Civil Code, the principle of equality with regard to parental authority and custody of children is underlined, stating that expenses by parents will be divided proportionally, according to their respective incomes" (44).
Variables: CUST-LAW-1
"In the Draft Revised Civil Code, the principle of equality with regard to parental authority and custody of children is underlined, stating that expenses by parents will be divided proportionally, according to their respective incomes" (44).
March 25, 2022, 10:05 p.m.
Countries: Kosovo
Variables: WR-PRACTICE-2, CUST-LAW-1
"In rare instances 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" (24).
Variables: WR-PRACTICE-2, CUST-LAW-1
"In rare instances 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" (24).
March 25, 2022, 8:54 p.m.
Countries: United Arab Emirates
Variables: CUST-LAW-1
"The strict interpretation of sharia does not apply to child custody cases, and courts have applied the 'the best interests of the child' standard since 2010. According to sharia a divorced woman may lose custody of her children to their father once daughters reach 13 years of age and sons 11 years of age. Women are permitted to file for continued custody until a daughter is married or a son finishes his education. Under federal law, fathers are permitted to seek custody of an under- 11-year-old son if they feel the child has become 'too soft'" (28).
Variables: CUST-LAW-1
"The strict interpretation of sharia does not apply to child custody cases, and courts have applied the 'the best interests of the child' standard since 2010. According to sharia a divorced woman may lose custody of her children to their father once daughters reach 13 years of age and sons 11 years of age. Women are permitted to file for continued custody until a daughter is married or a son finishes his education. Under federal law, fathers are permitted to seek custody of an under- 11-year-old son if they feel the child has become 'too soft'" (28).
March 19, 2022, 9:01 p.m.
Countries: Afghanistan
Variables: CUST-LAW-1
"Roqia and her son spent a cold winter in a women’s shelter in Kabul. 'When I realised I couldn’t feed my child for days on end, I decided to hand him over to my husband’s family,' she says. In most divorces in Afghanistan, the custody of children over five is given to the father"(para 7).
Variables: CUST-LAW-1
"Roqia and her son spent a cold winter in a women’s shelter in Kabul. 'When I realised I couldn’t feed my child for days on end, I decided to hand him over to my husband’s family,' she says. In most divorces in Afghanistan, the custody of children over five is given to the father"(para 7).
March 9, 2022, 8:57 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).
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).
Jan. 21, 2022, 9:22 p.m.
Countries: Mauritania
Variables: CUST-LAW-1
"Women have legal rights to property and child custody" (16).
Variables: CUST-LAW-1
"Women have legal rights to property and child custody" (16).
Jan. 6, 2022, 12:09 p.m.
Countries: Somalia
Variables: CUST-LAW-1
"Custody is granted to the mother in Somalia. If the mother says I will keep the children, he must provide for them" (1).
Variables: CUST-LAW-1
"Custody is granted to the mother in Somalia. If the mother says I will keep the children, he must provide for them" (1).
Oct. 18, 2021, 6:06 p.m.
Countries: France
Variables: CUST-LAW-1
"The GREVIO report found courts rarely applied legislative mechanisms to prioritize children’s safety in custody disputes and thus did not sufficiently incorporate children’s risk of exposure to violence in custody and visitation decisions" (22).
Variables: CUST-LAW-1
"The GREVIO report found courts rarely applied legislative mechanisms to prioritize children’s safety in custody disputes and thus did not sufficiently incorporate children’s risk of exposure to violence in custody and visitation decisions" (22).
Oct. 15, 2021, 9:09 a.m.
Countries: Qatar
Variables: CUST-LAW-1
"Researchers looked at 27 laws covering work, accommodation and status and found that women must get permission from male 'guardians' – fathers, brothers, uncles and husbands – to exercise many basic rights. They cannot be primary carers of their children, even if they are divorced or the children’s father has died. If the child has no male relative to act as guardian, the government takes on this role. The Qatari government said the accounts in the report are 'inaccurate' and do not truly represent the country’s 'constitution laws or policies'. In a statement they promised to investigate all the cases mentioned and prosecute anyone who has broken the law" (para...more
Variables: CUST-LAW-1
"Researchers looked at 27 laws covering work, accommodation and status and found that women must get permission from male 'guardians' – fathers, brothers, uncles and husbands – to exercise many basic rights. They cannot be primary carers of their children, even if they are divorced or the children’s father has died. If the child has no male relative to act as guardian, the government takes on this role. The Qatari government said the accounts in the report are 'inaccurate' and do not truly represent the country’s 'constitution laws or policies'. In a statement they promised to investigate all the cases mentioned and prosecute anyone who has broken the law" (para...more
Sept. 22, 2021, 10:41 a.m.
Countries: Afghanistan
Variables: CUST-LAW-1
"[T]he Committee is concerned that women and girls are discriminated against in legal provisions with regard to marriage and family relations, in particular the following...Articles 71 (1), 252, 256 and 268 of the Civil Code and article 45 of the Shia Personal Status Law, under which priority is given to the father with regard to the guardianship of children" (16-17).
Variables: CUST-LAW-1
"[T]he Committee is concerned that women and girls are discriminated against in legal provisions with regard to marriage and family relations, in particular the following...Articles 71 (1), 252, 256 and 268 of the Civil Code and article 45 of the Shia Personal Status Law, under which priority is given to the father with regard to the guardianship of children" (16-17).
Aug. 28, 2021, 11:07 a.m.
Countries: Estonia
Variables: CUST-LAW-1
"Parents who are married to each other have joint custody over their child. If the parents of a child are not married to each other at the time of birth of the child, they will have joint right of custody unless they have expressed their wish to leave the right of custody only to one of the parents upon submitting the declarations of intention concerning the acknowledgement of paternity. Parents are obliged to exercise joint right of custody with respect to their child and perform the custodial obligation on their own responsibility and unanimously considering all round well being of the child. In case the parents are not married, the...more
Variables: CUST-LAW-1
"Parents who are married to each other have joint custody over their child. If the parents of a child are not married to each other at the time of birth of the child, they will have joint right of custody unless they have expressed their wish to leave the right of custody only to one of the parents upon submitting the declarations of intention concerning the acknowledgement of paternity. Parents are obliged to exercise joint right of custody with respect to their child and perform the custodial obligation on their own responsibility and unanimously considering all round well being of the child. In case the parents are not married, the...more
Aug. 3, 2021, 2:44 p.m.
Countries: France
Variables: CUST-LAW-1, CBMC-PRACTICE-1
"...One phenomenon that is very specific to France is the law that grants equal custody of children to both parents after divorce. The fact that the father is now expected to be equally involved in the everyday aspects of bringing up his children is huge progress” (para 24).
Variables: CUST-LAW-1, CBMC-PRACTICE-1
"...One phenomenon that is very specific to France is the law that grants equal custody of children to both parents after divorce. The fact that the father is now expected to be equally involved in the everyday aspects of bringing up his children is huge progress” (para 24).