The Reflections of the CEDAW Convention on the Legal status of Women in Algerian Family Code

Even though the Convention on the Elimination of All Forms of Discrimination Against Women is the first international document that guarantees all rights for women in all areas of life and ensures all effective means to eliminate discrimination against them, the latter has come with a set of positive and negative effects on the Arab Islamic family and the Algerian family. After Algeria ratified the CEDAW convention to eliminate all forms of discrimination againstwomen and uphold the principle of equalitybetweenwomen and men, the family legislator found itself amending numerous legal provisions in line with the principles of the Committee on the Elimination of Discrimination against Women. This resulted in granting mature women the right to conclude their marriage contracts themselves, making their consent in the marriage contract equal to that of men. Additionally, it imposed restrictions on men’s right to polygamy as a safeguard for women while also bolstering their position in terminating marital relationships by granting them the right to seek divorce through khula and granting them guardianship rights.

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Publication Details

Journal
Law and World
Published
2024-09-08
DOI
https://doi.org/10.36475/10.3.7
Citations
2
Primary Topic
Human Rights and Development
Type
article
Field-Weighted Citation Impact
2.26
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article

The Reflections of the CEDAW Convention on the Legal status of Women in Algerian Family Code

2 citations
Law and World
Human Rights and Development
2.26
article

The Reflections of the CEDAW Convention on the Legal status of Women in Algerian Family Code

article en
2 citations

Abstract

Even though the Convention on the Elimination of All Forms of Discrimination Against Women is the first international document that guarantees all rights for women in all areas of life and ensures all effective means to eliminate discrimination against them, the latter has come with a set of positive and negative effects on the Arab Islamic family and the Algerian family. After Algeria ratified the CEDAW convention to eliminate all forms of discrimination againstwomen and uphold the principle of equalitybetweenwomen and men, the family legislator found itself amending numerous legal provisions in line with the principles of the Committee on the Elimination of Discrimination against Women. This resulted in granting mature women the right to conclude their marriage contracts themselves, making their consent in the marriage contract equal to that of men. Additionally, it imposed restrictions on men’s right to polygamy as a safeguard for women while also bolstering their position in terminating marital relationships by granting them the right to seek divorce through khula and granting them guardianship rights.

Law and WorldVol. 10(3)
Université de ain Témouchent (DZ)
Gender equality
Openalex Percentile: Top 10%
Human Rights and Development
2.26
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