ABSTRACT

This chapter seeks to examine the impact of Shari'a on the implementation of the non-discrimination provision in Article 2(1) of the Children's Convention with respect to non-marital children in those States parties where Shari'a governs family law matters of the Muslim population. The discussion will be informed by an examination of the reservations entered by these States parties and an analysis of the initial country reports, as well as the concluding observations to the reports made by the UN Committee on the Rights of the Child. The chapter presents an examination of the principle of non-discrimination in international law, from which the standard of non-discrimination against non-marital children is established. In the Children's Convention the principle of non-discrimination is enshrined in Article 2(1) and has been identified by the Committee on the Rights of the Child as being among the general principles which guide the implementation of the Convention in domestic law.