THEORETICAL INQUIRIES IN LAW

This article explores the tension between the standards in the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and identity-based legal regimes on family law, which often discriminates against women. The authors use the CEDAW Committee's initiative to adopt a General Recommendation on the Economic Consequences of Marriage and De Facto Relationships and Their Dissolution as a case study. This Recommendation aims to address women's rights in the context of the gendered and unequal economic consequences of family relations and their

This article discusses the tension between a woman's right to give birth anonymously and a child's right to know his or her origins. The French institution of accouchement sous X grants women the choice to give birth anonymously and not become legal mothers. The author considers how this conflicts with international law. The author analyzes three arguments in support of anonymous birth: it forestalls incidents of abortion, infanticide, and child abandonment; protects womens birthing as a right; and subordinates biology to social and emotional links.