ABSTRACT

The rationale given most often for denial of human rights to half the world's population—women—is preservation of family and culture. Legal capacity connotes adulthood in all its aspects, from appearing in court on one's own behalf to making decisions about bearing children. Articles 9, 15, and 16 of the Women's Convention state the principles that are fundamental to that recognition. Under Article 15(2), states parties must provide women with the same opportunities as men to exercise all aspects of legal capacity. Although freedom of movement is universally recognized as a basic human right, women's right to move freely is frequently restricted by law and by culture. The basic legal relationship between the individual and the state lies in the concept of nationality. Most statutes address parental rights assuming that the parents are married. The substantive provisions of the Women's Convention describe the significant areas in which women must be accorded the right to make choices.