CEDAW/C/60/D/48/2013
Consideration of the merits
7.1 The Committee recalls that, under article 7 (1) of the Optional Protocol, the
Committee is to consider communications received in the light of all information
made available to it by or on behalf of individuals or groups of individuals and by
the State party concerned, provided that that information is transmitted to the parties
concerned. The Committee notes that the State party provided no observations on
the author’s claims concerning the admissibility and the merits of the case, despite
having received three reminders in that regard. The Committee has therefore
considered the present communication in the light of all the information made
available to it by the authors, pursuant to article 7 ( 1).
7.2 The Committee recalls that, under articles 2 (f) and 5 (a) of the Convention,
States parties have an obligation to adopt appropriate measures to amend or abolish
not only existing laws and regulations but also customs and practices that constitute
discrimination against women, including when States parties have multiple legal
systems in which different personal status laws apply to individuals on the basis of
identity factors such as ethnicity or religion. 24 The Committee also recalls that the
accountability of States parties to implement their obligations under article 2 is
engaged through the acts or omissions of acts of all branches of the Government,
including the judiciary. 25 Under article 16 (1), States parties have an obligation to take
all appropriate measures to eliminate discrimination against women in all matters
relating to marriage and family relations. 26 In that respect, the Committee recalls its
general recommendation No. 29 on article 16 of the Convention (economic
consequences of marriage, family relations and their dissolution), which, building
upon the principles articulated in, notably, general recommendation No. 21, requires
States parties to eliminate discrimination against women at the inception of marriage,
during marriage and at its dissolution by divorce or death, as provided for in article
16 of the Convention. 27 States parties therefore have an obligation to adopt laws of
intestate succession that comply with the principles of the Convention and that ensure
equal treatment of surviving females and males. 28 In that respect, the Committee
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See also general recommendation No. 29, para. 12: “Some States parties have multiple legal
systems in which different personal status laws apply to individuals on the basis of identity
factors such as ethnicity or religion. Some, but not all, of these States parties also have a civil
legal code that may apply in prescribed circumstances or by choice of the parties. In some
States, however, individuals may have no choice as to the application of identity-based personal
status laws.” See also general recommendation No. 28, para. 31.
General recommendation No. 28, para. 39.
See communication No. 47/2012, González Carreño v. Spain, views adopted on 16 July 2014,
para. 9.7.
General recommendation No. 29, para. 6. See also paragraph 7, according to which “the
entitlement of women to equality within the family is universally acknowledged”. Reference is
also made to Human Rights Committee general comment No. 28 on equality of rights between
men and women (in particular paras. 23-27) and general comment No. 19 on protection of the
family, the right to marriage and equality of the spouses; and Committee on Economic, Social
and Cultural Rights general comment No. 16 on the equal right of men and women to the
enjoyment of all economic, social and cultural rights (in particular para. 27) and general
comment No. 20 on non-discrimination in economic, social and cultural rights.
General recommendation No. 29, para. 53. See also general recommendation No. 21, paras. 34
and 35. In particular, see para. 35: “There are many countries where the law and practice
concerning inheritance and property result in serious discrimination against women. As a result
of this uneven treatment, women may receive a smaller share of the husband’s or father’s
property at his death than would widowers and sons. In some instances, women are granted
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