Dissertation > Political, legal > Legal > Chinese law > Marriage Law

Research on Rights of Equality of Women’s Marriage and Family Status

Author LinZuoZuo
Tutor LiuJian
School Hunan Normal University
Course International Law
Keywords Women’s marriage and family rights Convention on theelimination of all forms of discrimination Discrimination
CLC D923.9
Type Master's thesis
Year 2012
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The rights of equality of women’s marriage and family status means women, whether married or unmarried, enjoy equality rights with men to marry, divorce, management of children, adoption, family name, finances, sexual freedom and so on. The convention on elimination of all forms of discrimination against women includes four aspects equal rights: marriage、family life、civil rights and divorce. They surpass the public and private dividing, exceed formal equality, and regulate the women’s marriage and family rights firstly. It gets tremendous achievements in the protection women’s equal marriage and family rights. But there are some defects:it did not stipulate illegal marriage and family relations; not explicitly prohibit bigamy; not set uniform minimum marriage age; not protect girls and older women’s equality marriage and family rights; not prohibit family violence. In practice,186nations has joined the convention, and women’s human rights committee institution, CEDAW for example, has been widely set up, the women’s marriage and family environment has been improved significantly. But several problems still exist:the rights guarantee and supervision of CEDAW are still having shortcomings, many reservations and interpretative declarations hindered the implement of women’s human rights clause, convention has not been effectively implemented.Since China joined the Convention, we had formed a law system of women’s marriage and family rights, basing on the constitution and mainly containing with marriage law and women rights and interests protection law. But in legal and judicial practice, there are still many problems. From the content point of view:China’s current legal of reproduction has conflicts with the Convention; in marriage law, man and women’s minimum marriage age are different; our law doesn’t make clear regulation on" discrimination". In practice:violence in family is still a serious threat to women and girls, women hasn’t got equality rights in managing community property, women’s divorce rights is still difficult to be guaranteed.In sum, strengthen of our women’s marriage and family rights protection should be got from two sides. On one hand, we should strengthen the women’s human rights legal system, including detailing women’s marriage and family legislation, perfecting the civil law criminal law and so on, strengthen connection of the domestic law and international law, ensuring the implement of international law. On the other hand, we should protect women rights in practice, strengthening the implement of marriage and family law, enhancing women’s legal aid, improving female qualities, promoting non-government organizations and males involve in women’s rights protection.

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