Editing Women's rights (section)

=== Marriage, divorce, and family law ===

Article 16 of the [[Universal Declaration of Human Rights]] enshrines the right of consenting men and women to marry and found a family.<ref name=Human />

<blockquote>(1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.<ref>{{cite web|url=https://www.mensuck.com/40-basic-rights-women-did-not-have-until-the-1970s/|title=40 Basic Rights Women Did Not Have Until The 1970s|date=10 October 2019|access-date=29 October 2019}}</ref><br />
(2) Marriage shall be entered into only with the free and full consent of the intending spouses.<br />
(3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.</blockquote>

Article 16 of CEDAW stipulates that, "1. States Parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations".<ref name="un.org">{{cite web|url=https://www.un.org/womenwatch/daw/cedaw/text/econvention.htm#article16|title=CEDAW 29th Session 30 June to 25 July 2003|publisher=United Nations|access-date=8 October 2015}}</ref> Among the rights included are a woman's right to freely and consensually choose her spouse; to have parental rights to her children irrespective of her marital status; the right of a married woman to choose a profession or an occupation, and to have property rights within marriage. In addition to these, "The betrothal and the marriage of a child shall have no legal effect".<ref name="un.org"/>

[[Polygamous marriage]] is a controversial practice, prevalent in some parts of the world. The general recommendations made by the Committee on the Elimination of Discrimination against Women, state in ''General Recommendation No. 21, Equality in marriage and family relations'': "Polygamous marriage contravenes a woman's right to equality with men, and can have such serious emotional and financial consequences for her and her dependents that such marriages ought to be discouraged and prohibited."<ref>{{cite web|url=https://www.un.org/womenwatch/daw/cedaw/recommendations/recomm.htm|title=General recommendations made by the Committee on the Elimination of Discrimination against Women|publisher=United Nations|access-date=8 October 2015}}</ref>

[[Cohabitation]] of unmarried couples as well as [[single mother]]s are common in some parts the world. The [[Human Rights Committee]] has stated:<ref>{{cite web|url=http://www1.umn.edu/humanrts/gencomm/hrcom28.htm|title=University of Minnesota Human Rights Library|work=umn.edu|access-date=8 October 2015}}</ref>

<blockquote>27. In giving effect to recognition of the family in the context of article 23, it is important to accept the concept of the various forms of family, including unmarried couples and their children and single parents and their children and to ensure the equal treatment of women in these contexts (General Comment 19 paragraph 2 last sentence). Single parent families frequently consist of a single woman caring for one or more children, and States parties should describe what measures of support are in place to enable her to discharge her parental functions on the basis of equality with a man in a similar position.</blockquote>