Palestine & the Convention on the Elimination of All Forms of Discrimination against Women: Implications of Ratification
All States Parties agree that all the contracts and instruments that have
a legal effect aimed at undermining women’s legal capacity are to be
considered null and void. Accordingly, article (16) of the Convention
affirms:
“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 to freely 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.”
Another important point is that the Personal Status Law allows, in more
than one location within the document, the practice of polygamy. Article
(28) of the law, for example, covers the issue of a man with four wives
or wives within their legally prescribed waiting periods, and that he
cannot complete the marriage process with one of them if he is also
in the process of divorcing another, and that the divorce process must
be concluded before he can marry again. Article (31) of the same law
provides another, slightly different example, stating the prohibition
of a man to become married to two women who have a “prohibiting
blood or wet-nursing relationship between them”, the closeness of that
relationship determined by comparison to the same prohibitions on
closeness of blood-relationship between a man and a woman planning
to marry. These types of articles run counter to the principle of equality
under the Convention, especially article (16), which reaffirms “the same
right freely to choose a spouse and to enter into marriage only with
their free and full consent” and “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”.
They also run counter to article (15) of the Convention, which stresses, as
mentioned earlier, the importance of women’s equality with men before
the law and their identical legal capacity in civil matters, including the
exercise of those capacities, especially in cases of concluding contracts,
administering property, and procedural practices in courts and tribunals.
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