o during her marriage, a woman shall have the right to
acquire her own property and to administer and manage it
freely.
Noting also that Article 16 of the Universal Declaration of Human Rights
provides that –
(1) Men and women of full age, without any limitation due to race,
nationality or religion, have the right to marry and to found a
family. They are entitled to equal rights as to marriage, during
marriage and at its dissolution.
(2) Marriage shall be entered into only with the free and full consent
of the intending spouses;
Aware that Article 16(2) of the Convention on the Elimination of All forms
of Discrimination Against Women (CEDAW) provides thatThe betrothal and marriage of a child shall have no legal effect, and all
necessary action, including legislation, shall be taken to specify a
minimum age for marriage and to make the registration of marriages in
an official registry compulsory;
Noting further that in its General Recommendation 29 concerning
equality in marriage, the Committee on the Elimination of Discrimination
of Against Women affirmed that identity-based personal status laws and
customs
perpetuate
discrimination
against
women
and
that
the
preservation of multiple legal systems is in itself discriminatory against
women;
Acknowledging that the United Nations Special Rapporteur on Violence
against Women, its Causes and Consequences has expressed concern
over personal laws’ discriminatory provisions on the dissolution of
marriage and maintenance provisions, which cause many women to stay
Page 23 of 78
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