Palestine & the Convention on the Elimination of All Forms of Discrimination against Women: Implications of Ratification
PART IV
Article 15
1. States Parties shall accord to women equality with men before the law.
2. States Parties shall accord to women, in civil matters, a legal capacity
identical to that of men and the same opportunities to exercise that
capacity. In particular, they shall give women equal rights to conclude
contracts and to administer property and shall treat them equally in all
stages of procedure in courts and tribunals.
3. States Parties agree that all contracts and all other private instruments
of any kind with a legal effect which is directed at restricting the legal
capacity of women shall be deemed null and void.
4. States Parties shall accord to men and women the same rights with
regard to the law relating to the movement of persons and the freedom
to choose their residence and domicile.
Article 16
1. States Parties shall take all appropriate measures to eliminate
discrimination against women in all matters relating to marriage and
family relations and in particular shall ensure, on a basis of equality of
men and women:
(a) The same right to enter into marriage;
(b) The same right freely to choose a spouse and to enter into marriage
only with their free and full consent;
(c) The same rights and responsibilities during marriage and at its
dissolution;
(d) The same rights and responsibilities as parents, irrespective of their
marital status, in matters relating to their children; in all cases the interests
of the children shall be paramount;
(e) The same rights to decide freely and responsibly on the number and
spacing of their children and to have access to the information, education
and means to enable them to exercise these rights;
(f) The same rights and responsibilities with regard to guardianship,
wardship, trusteeship and adoption of children, or similar institutions
where these concepts exist in national legislation; in all cases the interests
of the children shall be paramount;
(g) The same personal rights as husband and wife, including the right to
choose a family name, a profession and an occupation;
(h) The same rights for both spouses in respect of the ownership,
acquisition, management, administration, enjoyment and disposition of
property, whether free of charge or for a valuable consideration.
45