Latest items for DTCP-LAW-1
Nov. 16, 2024, 2:55 p.m.
Countries: Sudan
Variables: DV-PRACTICE-1, DV-LAW-2, DTCP-PRACTICE-1, DTCP-LAW-1
"For women, customary laws tend to prevail, with rape cases - where reported - handled by community elders. Impunity for perpetrators is also due to a weak legal system, consisting of a mixture of formal and customary laws"`
Variables: DV-PRACTICE-1, DV-LAW-2, DTCP-PRACTICE-1, DTCP-LAW-1
"For women, customary laws tend to prevail, with rape cases - where reported - handled by community elders. Impunity for perpetrators is also due to a weak legal system, consisting of a mixture of formal and customary laws"`
Oct. 16, 2024, 11:31 a.m.
Countries: India
Variables: DTCP-LAW-1
"However, according to NEN [The North East Network], people who experience gender-based violence in the state face the tyranny of customary laws. 'Customary laws are oral. Not all are written. They are passed from one generation to the next,' Pathak[NEN's Assam project coordinator] said. 'They have a body of patriarchs, mostly men, who decide on these cases. This really disadvantages women'" (para 22, 23).
Variables: DTCP-LAW-1
"However, according to NEN [The North East Network], people who experience gender-based violence in the state face the tyranny of customary laws. 'Customary laws are oral. Not all are written. They are passed from one generation to the next,' Pathak[NEN's Assam project coordinator] said. 'They have a body of patriarchs, mostly men, who decide on these cases. This really disadvantages women'" (para 22, 23).
Oct. 16, 2024, 11:29 a.m.
Countries: Lebanon
Variables: DTCP-LAW-1
"Although the constitution deems “all Lebanese equal before the law”, gender inequality is woven into the fabric of the nation through a combination of patriarchal values, unequal legislation and a legacy of “militarised masculinity” from past conflict, say activists, lawyers and academics" (para 9). "No one expects any work to be done on the things that could really change women’s lives for the better, including reform to the contentious personal status laws – 15 separate religious-based laws which mean that a woman’s rights in terms of custody, divorce and marriage vary according to her sect – and the citizenship law, which means a Lebanese woman cannot pass her nationality to...more
Variables: DTCP-LAW-1
"Although the constitution deems “all Lebanese equal before the law”, gender inequality is woven into the fabric of the nation through a combination of patriarchal values, unequal legislation and a legacy of “militarised masculinity” from past conflict, say activists, lawyers and academics" (para 9). "No one expects any work to be done on the things that could really change women’s lives for the better, including reform to the contentious personal status laws – 15 separate religious-based laws which mean that a woman’s rights in terms of custody, divorce and marriage vary according to her sect – and the citizenship law, which means a Lebanese woman cannot pass her nationality to...more
April 9, 2024, 9:31 p.m.
Countries: Cuba
Variables: DTCP-PRACTICE-1, DTCP-LAW-1
"There is a record of progress in essential areas: the Comprehensive Strategy against gender-based and intrafamily violence, the transversal treatment of gender-based violence in regulatory bodies such as the Family Code, the Penal Code and the Criminal Enforcement Law, based on the updating of the National Program for the Advancement of Women. However, they are instruments that are not yet sufficiently grounded in the institutional and political dynamics of the country. The Program will have been approved two years ago and the Strategy for just over one. In turn, they are legal mechanisms that function without a legal instrument that governs and organizes them. Nor does it organize the institutional...more
Variables: DTCP-PRACTICE-1, DTCP-LAW-1
"There is a record of progress in essential areas: the Comprehensive Strategy against gender-based and intrafamily violence, the transversal treatment of gender-based violence in regulatory bodies such as the Family Code, the Penal Code and the Criminal Enforcement Law, based on the updating of the National Program for the Advancement of Women. However, they are instruments that are not yet sufficiently grounded in the institutional and political dynamics of the country. The Program will have been approved two years ago and the Strategy for just over one. In turn, they are legal mechanisms that function without a legal instrument that governs and organizes them. Nor does it organize the institutional...more
Feb. 20, 2024, 6:27 p.m.
Countries: D R Congo
Variables: DTCP-LAW-1
"Customary laws that discriminate against women continue to be enforced, including by traditional leaders and courts, in contravention of the statutory law, which prevails over customary law, according to the Constitution (art. 207)" (5). "[S]tatutory law [does not] have priority over customary law ... [T]he norms, procedures and practices religious and customary justice systems, although informal, are [not] harmonized with the Convention" (5).
Variables: DTCP-LAW-1
"Customary laws that discriminate against women continue to be enforced, including by traditional leaders and courts, in contravention of the statutory law, which prevails over customary law, according to the Constitution (art. 207)" (5). "[S]tatutory law [does not] have priority over customary law ... [T]he norms, procedures and practices religious and customary justice systems, although informal, are [not] harmonized with the Convention" (5).
Jan. 21, 2024, 10:43 a.m.
Countries: Saudi Arabia
Variables: DTCP-LAW-1
"[H]e also removed some of the legal enforcements of the dreaded guardianship system, which consigned every Saudi woman to the near total control of a male family member (...)" (para 6). "The recent reforms mean that if a woman has been born or married into a clan of freethinking men willing to let her do things, the state will not interfere. But for the many Saudi women who lack a benevolent male guardian, there is no remedy. If, for example, a woman’s husband or father doesn’t think she should get her driving license, she is still compelled to obey his dictate. In other words, according to Saudi legal experts I...more
Variables: DTCP-LAW-1
"[H]e also removed some of the legal enforcements of the dreaded guardianship system, which consigned every Saudi woman to the near total control of a male family member (...)" (para 6). "The recent reforms mean that if a woman has been born or married into a clan of freethinking men willing to let her do things, the state will not interfere. But for the many Saudi women who lack a benevolent male guardian, there is no remedy. If, for example, a woman’s husband or father doesn’t think she should get her driving license, she is still compelled to obey his dictate. In other words, according to Saudi legal experts I...more
Jan. 21, 2024, 10:39 a.m.
Countries: Iran
Variables: DTCP-LAW-1
"A quick look at Iran’s constitution concerning the hijab reveals the erroneous interpretation—and how the regulation of women’s appearance is built into the laws and constitution of Iran. According to Article 638 of the Islamic Penal Code, failure to appear without hijab in public is punishable by imprisonment from 10 days to two months or up to 74 lashes. So whether an entity dedicated to enforcing the law—in this case, the morality police—exists, the compulsory hijab is a constitutional mandate" (para 4)
Variables: DTCP-LAW-1
"A quick look at Iran’s constitution concerning the hijab reveals the erroneous interpretation—and how the regulation of women’s appearance is built into the laws and constitution of Iran. According to Article 638 of the Islamic Penal Code, failure to appear without hijab in public is punishable by imprisonment from 10 days to two months or up to 74 lashes. So whether an entity dedicated to enforcing the law—in this case, the morality police—exists, the compulsory hijab is a constitutional mandate" (para 4)
Jan. 16, 2024, 6:33 p.m.
Countries: Botswana
Variables: DTCP-LAW-1
"Botswana courts do not accept values of the custom which are inconsistent with the values of or principles of natural justice and are unconscionable either of itself or in its effect. In this regard, customary law must be applied with the set of principles of morality, humanity or natural justice with the object of achieving justice and equality. Where a practice or custom is not ascertainable, the court is enjoined to determine it in accordance with the principles of justice, equity and good conscience" (6). "Botswana 'practices a dual legal system' which includes customary, Muslim, Hindu, and other legal systems" (9). "[T]he courts have always re-affirmed the view that the...more
Variables: DTCP-LAW-1
"Botswana courts do not accept values of the custom which are inconsistent with the values of or principles of natural justice and are unconscionable either of itself or in its effect. In this regard, customary law must be applied with the set of principles of morality, humanity or natural justice with the object of achieving justice and equality. Where a practice or custom is not ascertainable, the court is enjoined to determine it in accordance with the principles of justice, equity and good conscience" (6). "Botswana 'practices a dual legal system' which includes customary, Muslim, Hindu, and other legal systems" (9). "[T]he courts have always re-affirmed the view that the...more
Jan. 4, 2024, 10:41 a.m.
Countries: Singapore
Variables: DTCP-LAW-1
"Singapore has two legal regimes that govern marriage and divorce – civil law and Muslim law. The respective legislation are the Women’s Charter and the Administration of Muslim Law Act (AMLA)" (40). "The AMLA allows the operation of Muslim law in Singapore in specific areas, such as in family and inheritance matters. The AMLA is administered by various agencies namely the Majlis Ugama Islam Singapore (MUIS, or the Islamic Religious Council of Singapore), Syariah Court (SYC) and Registry of Muslim Marriages (ROMM)" (41).
Variables: DTCP-LAW-1
"Singapore has two legal regimes that govern marriage and divorce – civil law and Muslim law. The respective legislation are the Women’s Charter and the Administration of Muslim Law Act (AMLA)" (40). "The AMLA allows the operation of Muslim law in Singapore in specific areas, such as in family and inheritance matters. The AMLA is administered by various agencies namely the Majlis Ugama Islam Singapore (MUIS, or the Islamic Religious Council of Singapore), Syariah Court (SYC) and Registry of Muslim Marriages (ROMM)" (41).
Dec. 21, 2023, 10:10 a.m.
Countries: Iran
Variables: DTCP-LAW-1
"But the ban on women going to football games was not inscribed in law and, having advertised her previous trips to games involving Persopolis or Iran on social media, she assumed she was safe from harm and incarceration" (para 3).
Variables: DTCP-LAW-1
"But the ban on women going to football games was not inscribed in law and, having advertised her previous trips to games involving Persopolis or Iran on social media, she assumed she was safe from harm and incarceration" (para 3).
Dec. 20, 2023, 11:14 a.m.
Countries: Iran
Variables: DTCP-LAW-1
"The morality police 'was abolished by the same authorities who installed it,' Attorney General Mohammad Javad Montazeri said on Saturday during a meeting at which officials were discussing the unrest, according to state media reports" (para 2). "For his part, Mr. Montazeri said on Saturday that the judiciary would still enforce restrictions on 'social behavior.' Days earlier, he said that the authorities were reviewing the law requiring women to cover their bodies in long, loose clothing and their hair with a head scarf or hijab, and would issue a decision within 15 days. But it was not clear whether the authorities were planning to relax the law"(para 7).more
Variables: DTCP-LAW-1
"The morality police 'was abolished by the same authorities who installed it,' Attorney General Mohammad Javad Montazeri said on Saturday during a meeting at which officials were discussing the unrest, according to state media reports" (para 2). "For his part, Mr. Montazeri said on Saturday that the judiciary would still enforce restrictions on 'social behavior.' Days earlier, he said that the authorities were reviewing the law requiring women to cover their bodies in long, loose clothing and their hair with a head scarf or hijab, and would issue a decision within 15 days. But it was not clear whether the authorities were planning to relax the law"(para 7).more
Nov. 6, 2023, 11:49 p.m.
Countries: China
Variables: DTCP-LAW-1
"In different rural localities, cases involving land contract disputes were promptly accepted, mediated and arbitrated in accordance with the law, ensuring that women’s rights and interests were safeguarded" (26).
Variables: DTCP-LAW-1
"In different rural localities, cases involving land contract disputes were promptly accepted, mediated and arbitrated in accordance with the law, ensuring that women’s rights and interests were safeguarded" (26).
Oct. 10, 2023, 2:40 p.m.
Countries: Iran
Variables: RCDW-LAW-2, DTCP-LAW-1
"Under Islamic law in force in Iran since its 1979 revolution, women must wear a hijab that covers the head and neck while concealing the hair"(para 13).
Variables: RCDW-LAW-2, DTCP-LAW-1
"Under Islamic law in force in Iran since its 1979 revolution, women must wear a hijab that covers the head and neck while concealing the hair"(para 13).
Sept. 22, 2023, 8:51 a.m.
Countries: Angola
Variables: DTCP-LAW-1
"The constitution defines traditional authorities as ad hoc units of the state" (7). "Customary law prevailed over civil law, particularly in rural areas, and at times had a negative impact on a woman’s legal right to inherit property" (19).
Variables: DTCP-LAW-1
"The constitution defines traditional authorities as ad hoc units of the state" (7). "Customary law prevailed over civil law, particularly in rural areas, and at times had a negative impact on a woman’s legal right to inherit property" (19).
Sept. 18, 2023, 12:36 a.m.
Countries: India
Variables: DTCP-LAW-1
"Local media reports say that in half a dozen districts around Bhilwara, if a family cannot repay a loan, the aggrieved creditor has complained to the 'caste panchayats' or caste councils.By way of 'settlement', the councils have ordered the family to hand over their daughter – sometimes more than one depending on the size of the loan – so that the creditor can sell her to a trafficker to recoup his money" (para4-5). "Kavita Srivastava, a veteran women’s rights activist in Jaipur, Rajasthan, said it was well known that caste panchayats informally regulated villagers’ personal matters such as marriage, inheritance or custody. If people defy their orders, they are ostracised...more
Variables: DTCP-LAW-1
"Local media reports say that in half a dozen districts around Bhilwara, if a family cannot repay a loan, the aggrieved creditor has complained to the 'caste panchayats' or caste councils.By way of 'settlement', the councils have ordered the family to hand over their daughter – sometimes more than one depending on the size of the loan – so that the creditor can sell her to a trafficker to recoup his money" (para4-5). "Kavita Srivastava, a veteran women’s rights activist in Jaipur, Rajasthan, said it was well known that caste panchayats informally regulated villagers’ personal matters such as marriage, inheritance or custody. If people defy their orders, they are ostracised...more
Sept. 7, 2023, 12:33 p.m.
Countries: Lebanon
Variables: DV-LAW-1, DTCP-LAW-1
"Even though parliament passed a law that protects women from family violence in 2014, and then amended it in 2020 to pave the way for today’s protection orders, there are still many ways abusers can get away with violence. There are 18 officially recognised religious sects in the country, and 15 of them have their own laws and courts. [Zoya] Rouhana [of NGO Kafa] said that, in some cases, 'the religious laws discriminate against women and put them into subordinate positions, asking the women to obey their husbands.' Religious courts cannot interfere with civil courts and protection orders, but they are in charge of issues like marriage, divorce, and custody....more
Variables: DV-LAW-1, DTCP-LAW-1
"Even though parliament passed a law that protects women from family violence in 2014, and then amended it in 2020 to pave the way for today’s protection orders, there are still many ways abusers can get away with violence. There are 18 officially recognised religious sects in the country, and 15 of them have their own laws and courts. [Zoya] Rouhana [of NGO Kafa] said that, in some cases, 'the religious laws discriminate against women and put them into subordinate positions, asking the women to obey their husbands.' Religious courts cannot interfere with civil courts and protection orders, but they are in charge of issues like marriage, divorce, and custody....more
Sept. 6, 2023, 5:35 p.m.
Countries: Afghanistan
Variables: DTCP-LAW-1
"The Taliban is known for its extreme interpretation of the Sharia law - Islam's legal system which is based on the Quaran and teachings from scholars. It acts as a code of conduct for Muslims but some interpretations mean women can be treated harshly in terms of what they wear and what they are seen as being allowed to do" (13-14).
Variables: DTCP-LAW-1
"The Taliban is known for its extreme interpretation of the Sharia law - Islam's legal system which is based on the Quaran and teachings from scholars. It acts as a code of conduct for Muslims but some interpretations mean women can be treated harshly in terms of what they wear and what they are seen as being allowed to do" (13-14).
Aug. 15, 2023, 5:22 p.m.
Countries: Bahamas
Variables: DTCP-LAW-1
"The law provides for the right to a fair and public trial [despite gender], and an independent judiciary generally enforced this right" (5).
Variables: DTCP-LAW-1
"The law provides for the right to a fair and public trial [despite gender], and an independent judiciary generally enforced this right" (5).
Aug. 8, 2023, 12:20 p.m.
Countries: Senegal
Variables: DTCP-LAW-1
"The provisions of articles 300 and 305 of the Criminal Code that discriminate against women have been factored into the proposed revision of discriminatory laws." (4)(NF - CODER COMMENT - Act. 300 states that consummation of a marriage between a child and an adult is considered statuatory rape. As for Act. 305, this act prohibits abortion unless a physician states that it is medically necessary). "Senegal has taken significant steps in the implementation of its gender policy, including:...Establishment, in 2016, of a committee for the review of laws and regulations that discriminate against women, by order of the Minister of Justice. The report on the campaign to permit safe abortion...more
Variables: DTCP-LAW-1
"The provisions of articles 300 and 305 of the Criminal Code that discriminate against women have been factored into the proposed revision of discriminatory laws." (4)(NF - CODER COMMENT - Act. 300 states that consummation of a marriage between a child and an adult is considered statuatory rape. As for Act. 305, this act prohibits abortion unless a physician states that it is medically necessary). "Senegal has taken significant steps in the implementation of its gender policy, including:...Establishment, in 2016, of a committee for the review of laws and regulations that discriminate against women, by order of the Minister of Justice. The report on the campaign to permit safe abortion...more
July 30, 2023, 5:25 a.m.
Countries: Saudi Arabia
Variables: DTCP-LAW-1
"He also removed some of the legal enforcements of the dreaded guardianship system, which consigned every Saudi woman to the near total control of a male family member. " (Parag. 6) "The recent reforms [of 2022] mean that if a woman has been born or married into a clan of freethinking men willing to let her do things, the state will not interfere. But for the many Saudi women who lack a benevolent male guardian, there is no remedy. If, for example, a woman’s husband or father doesn’t think she should get her driving license, she is still compelled to obey his dictate. The government will no longer legally force...more
Variables: DTCP-LAW-1
"He also removed some of the legal enforcements of the dreaded guardianship system, which consigned every Saudi woman to the near total control of a male family member. " (Parag. 6) "The recent reforms [of 2022] mean that if a woman has been born or married into a clan of freethinking men willing to let her do things, the state will not interfere. But for the many Saudi women who lack a benevolent male guardian, there is no remedy. If, for example, a woman’s husband or father doesn’t think she should get her driving license, she is still compelled to obey his dictate. The government will no longer legally force...more
July 25, 2023, 10:44 a.m.
Countries: Cambodia
Variables: DTCP-LAW-1
"[The state needs to] establish regional appeals courts outside of the capital to ensure effective access to courts and tribunals by all women, particularly rural women, indigenous women, women belonging to ethnic minority groups and women with disabilities" (3-4). The matter types adjudicated by tribunals are not mentioned (MV-coder comment).
Variables: DTCP-LAW-1
"[The state needs to] establish regional appeals courts outside of the capital to ensure effective access to courts and tribunals by all women, particularly rural women, indigenous women, women belonging to ethnic minority groups and women with disabilities" (3-4). The matter types adjudicated by tribunals are not mentioned (MV-coder comment).
July 12, 2023, 10:28 p.m.
Countries: Saudi Arabia
Variables: DTCP-LAW-1
"He also removed some of the legal enforcements of the dreaded guardianship system, which consigned every Saudi woman to the near total control of a male family member. " (Parag. 6) "The recent reforms [of 2022] mean that if a woman has been born or married into a clan of freethinking men willing to let her do things, the state will not interfere. But for the many Saudi women who lack a benevolent male guardian, there is no remedy. If, for example, a woman’s husband or father doesn’t think she should get her driving license, she is still compelled to obey his dictate. The government will no longer legally force...more
Variables: DTCP-LAW-1
"He also removed some of the legal enforcements of the dreaded guardianship system, which consigned every Saudi woman to the near total control of a male family member. " (Parag. 6) "The recent reforms [of 2022] mean that if a woman has been born or married into a clan of freethinking men willing to let her do things, the state will not interfere. But for the many Saudi women who lack a benevolent male guardian, there is no remedy. If, for example, a woman’s husband or father doesn’t think she should get her driving license, she is still compelled to obey his dictate. The government will no longer legally force...more
July 10, 2023, 9:26 p.m.
Countries: Maldives
Variables: DTCP-LAW-1
"As such, Article 17(a) of the 2008 Constitution of the Republic of Maldives prohibits gender-based discrimination, stipulating that all citizens are entitled to the rights and freedoms included in this Chapter without discrimination of any kind, including race, national origin, colour, sex, age, mental or physical disability, political or other opinion, property, birth or other status, or native island. Further, Article 35 of the Constitution guarantees to all persons, in a manner that is not contrary to any tenet of Islam, the rights and freedoms and provision of special protection to vulnerable groups, including children, adolescents, elders, and people with special needs." (8). "On the CO requiring a systematic gender...more
Variables: DTCP-LAW-1
"As such, Article 17(a) of the 2008 Constitution of the Republic of Maldives prohibits gender-based discrimination, stipulating that all citizens are entitled to the rights and freedoms included in this Chapter without discrimination of any kind, including race, national origin, colour, sex, age, mental or physical disability, political or other opinion, property, birth or other status, or native island. Further, Article 35 of the Constitution guarantees to all persons, in a manner that is not contrary to any tenet of Islam, the rights and freedoms and provision of special protection to vulnerable groups, including children, adolescents, elders, and people with special needs." (8). "On the CO requiring a systematic gender...more
June 27, 2023, 11:15 p.m.
Countries: Algeria
Variables: DTCP-LAW-1
"The law provides for sentences of six months to two years’ incarceration for men who withhold property or financial resources from their spouses" (28). "The Ministry of Religious Affairs required that couples present a government-issued marriage certificate before permitting imams to conduct religious marriage ceremonies" (30).
Variables: DTCP-LAW-1
"The law provides for sentences of six months to two years’ incarceration for men who withhold property or financial resources from their spouses" (28). "The Ministry of Religious Affairs required that couples present a government-issued marriage certificate before permitting imams to conduct religious marriage ceremonies" (30).
June 20, 2023, 9:30 p.m.
Countries: Nicaragua
Variables: DTCP-LAW-1
"The Code of Civil Procedure (Act No. 902) was published in 2015 and established oral proceedings in civil cases, respect for constitutional principles and guarantees, and the fundamental right to equal treatment, respect for the adversarial principle and a defence for those taking part in proceedings." (13)(NF - CODER COMMENT - The Code of Civil Procedure establishes not only oral proceedings, but also a set of guidelines on how the Court can carry out issues regarding inheritance. These guidelines include how to handle cases where no will was found, the appearance of multiple heirs, and competency). "Under the Civil Code, which has been in force since 1904, women have equal...more
Variables: DTCP-LAW-1
"The Code of Civil Procedure (Act No. 902) was published in 2015 and established oral proceedings in civil cases, respect for constitutional principles and guarantees, and the fundamental right to equal treatment, respect for the adversarial principle and a defence for those taking part in proceedings." (13)(NF - CODER COMMENT - The Code of Civil Procedure establishes not only oral proceedings, but also a set of guidelines on how the Court can carry out issues regarding inheritance. These guidelines include how to handle cases where no will was found, the appearance of multiple heirs, and competency). "Under the Civil Code, which has been in force since 1904, women have equal...more
June 14, 2023, 7:56 p.m.
Countries: Bolivia
Variables: DTCP-LAW-1
"[A]rticle 30.II.15 and article 32 of the Constitution grant campesino native indigenous nations and peoples, as well as Afro-Bolivian people, the right 'to be consulted through appropriate procedures, and in particular through their institutions, whenever legislative or administrative measures likely to affect them are planned. In this framework, the right to obligatory prior consultation by the State, in good faith and in a mutually agreed manner, regarding the exploitation of non-renewable natural resources in the territory that they inhabit shall be respected and guaranteed" (27). These two groups have special institutions that they can choose to use or use state systems to resolve legal matters (MV- coder comment).more
Variables: DTCP-LAW-1
"[A]rticle 30.II.15 and article 32 of the Constitution grant campesino native indigenous nations and peoples, as well as Afro-Bolivian people, the right 'to be consulted through appropriate procedures, and in particular through their institutions, whenever legislative or administrative measures likely to affect them are planned. In this framework, the right to obligatory prior consultation by the State, in good faith and in a mutually agreed manner, regarding the exploitation of non-renewable natural resources in the territory that they inhabit shall be respected and guaranteed" (27). These two groups have special institutions that they can choose to use or use state systems to resolve legal matters (MV- coder comment).more
June 12, 2023, 4:20 p.m.
Countries: Jordan
Variables: DTCP-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: DTCP-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
April 28, 2023, 9:47 p.m.
Countries: Tanzania
Variables: DTCP-LAW-1
"[T]he Local Customary Law (Declaration) Order, GN 279 of 1963, still in force in 2021, allows each ethnic group to follow its own customs and traditions, and to make certain legal decisions based on them. This law is particularly relevant with regard to child marriage; it permits communities to apply their own traditions regarding the minimum marriage age, without breaking Statutory Law" (10).
Variables: DTCP-LAW-1
"[T]he Local Customary Law (Declaration) Order, GN 279 of 1963, still in force in 2021, allows each ethnic group to follow its own customs and traditions, and to make certain legal decisions based on them. This law is particularly relevant with regard to child marriage; it permits communities to apply their own traditions regarding the minimum marriage age, without breaking Statutory Law" (10).
April 1, 2023, 9:26 p.m.
Countries: Uzbekistan
Variables: DTCP-LAW-1
"Article 5 of the Act defines what is not considered to be sexual discrimination, namely:...the establishment of differences governing procedures and conditions in places of detention, the enforcement of sentences and other legal measures... (14-15). "Major steps have also been taken to eliminate outmoded national customs and traditions that hinder the advancement of women, and article 8 of the Family Code has been amended to state that, in the absence of appropriate norms in the legislation regulating family relations, local customs and traditions shall be applied that do not contradict the principles of Uzbek law." (16). "Recently, special attention has been paid to monitoring respect for the rights of women...more
Variables: DTCP-LAW-1
"Article 5 of the Act defines what is not considered to be sexual discrimination, namely:...the establishment of differences governing procedures and conditions in places of detention, the enforcement of sentences and other legal measures... (14-15). "Major steps have also been taken to eliminate outmoded national customs and traditions that hinder the advancement of women, and article 8 of the Family Code has been amended to state that, in the absence of appropriate norms in the legislation regulating family relations, local customs and traditions shall be applied that do not contradict the principles of Uzbek law." (16). "Recently, special attention has been paid to monitoring respect for the rights of women...more
March 18, 2023, 10:20 p.m.
Countries: Ethiopia
Variables: DTCP-LAW-1
"[T]he Constitution recognizes religious and customary courts. The only religious court that exists in the country is the Islamic Court of the Country established by the Federal Courts of Sharia Consolidation Proclamation 188/1995. The Court has jurisdiction over matters of marriage, divorce, maintenance, and guardianship and minors and family rights if the marriage was concluded under and the parties have consented to be adjudicated by Islamic law. Thus, a party who concluded his/her marriage and does not consent to have a dispute he is a party to, to be adjudicated by the Shari a court will not be subjected to the jurisdiction of the Court. Moreover, under Ethiopian law, despite...more
Variables: DTCP-LAW-1
"[T]he Constitution recognizes religious and customary courts. The only religious court that exists in the country is the Islamic Court of the Country established by the Federal Courts of Sharia Consolidation Proclamation 188/1995. The Court has jurisdiction over matters of marriage, divorce, maintenance, and guardianship and minors and family rights if the marriage was concluded under and the parties have consented to be adjudicated by Islamic law. Thus, a party who concluded his/her marriage and does not consent to have a dispute he is a party to, to be adjudicated by the Shari a court will not be subjected to the jurisdiction of the Court. Moreover, under Ethiopian law, despite...more