Economic Consequences of Marriage and Its Dissolution: Applying a Universal Equality Norm in a Fragmented Universe

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 dissolution. The authors argue that international law, particularly Article 16 of CEDAW, can provide a framework for protecting women's rights while still maintaining community and state identity. Overall, the article advocates that states' noncompliance with Article 16 must be addressed and that all states must commit to implementing all of CEDAW's articles. The authors suggest that the aforementioned General Recommendation provides language states can use in revising their family law. The article concludes by presenting a sample law, which complies with CEDAW and still allows room for community identity.