General Recommendation on Article 16 of the Convention on the Elimination of All Forms of Discrimination against Women: Economic Consequences of Marriage, Family Relations and their Dissolution

This article discusses the laws and practices governing the rights and responsibilities of married partners in states that are party to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). It focuses on those states whose laws are discriminatory against women and do not comply with CEDAW. These states often have reservations to all or parts of article 16, "Marriage and Family Life". CEDAW considers those reservations invalid because they are incompatible with the purpose of the Convention, and has called for the withdrawal of those reservations. Among the continuing practices criticized are the exemption of personal status laws from constitutional provisions which prohibit discrimination, polygamy, and not implementing a system of marriage registration. Finally, it is suggested that states with reservations relating to religious laws and practices look to countries with similar religious backgrounds and legal systems as models for how to successfully implement article 16.