chapter  6
16 Pages

Discrimination against women in the sphere of marriage and family life

WithAi Kihara-Hunt

This chapter focuses on discrimination in legislation – discrimination de jure and legislation with discriminatory effect – in the sphere of marriage and family life. It provides the other issues, such as domestic violence, marital rape, and more general sexual and other violence against women. The chapter explores the discrimination related to sexual orientation, discrimination against children or any potential multiple discrimination that some women suffer additionally. It addresses the following four issues: required age of marriage; the requirement for married couples to have the same family name; prohibition of re-marriage after divorce; and the assumption of paternity of a child born within 300 days after a divorce. The discrimination contained in the requirement that a married couple must have a same family name is arguably less apparent compared to the issue of marriage age. The prohibition of re-marriage only for women has seen partial success for correcting discriminatory legislation.