CRC/C/DZA/CO/3-4
(iii) The consolidation of a national system of data collection, analysis and
dissemination, and a research agenda on violence against children.
D.
Family environment and alternative care (arts. 5, 18, paras. 1-2, 9-11,
19-21, 25, 27, para. 4, and 39 of the Convention)
Family environment
48.
While noting the removal of the formal reference to the “inferior” position of
women in the 2005 Family Code, the Committee reiterates its concern
(CRC/C/15/Add.269, para. 43) that parental responsibilities are still not assigned equally,
under law, to fathers and mothers, parental responsibility only lying with the father. The
Committee is also concerned that:
(a)
Repudiation of women has not been prohibited and polygamy, though subject
to certain restrictions, is still permissible, a situation which affects children negatively;
(b)
The 2005 Family Code still prohibits the marriage of Muslim women to nonMuslims, which has an obvious negative impact on the rights of children born of such
marriages;
(c)
In case of divorce, article 65 of the Family Code grants the mother custody of
male children only until age 10 and of female children until they reach marriage age;
(d)
In accordance to article 66 of the Family Code, women who remarry after
divorce loses the custody of their children; and
(e)
Women and girls only inherit only one half of the share inherited by male
members of the family.
49.
The Committee urges the State party to ensure that mothers and fathers
equally share the legal responsibility for their children in accordance with article 18,
paragraph 1, of the Convention. The Committee also urges the State party:
(a)
To revise the 2005 Family Code and ensure that all provisions that
discriminate against women and negatively impact on their children, such as those
which authorize polygamy, and repudiation be repealed;
(b)
To recognize by law the marriage between a Muslim woman and a nonMuslim, as already recommended by the Committee on Economic, Social and
Cultural Rights (E/C.12/DZA/CO/4, para.14);
(c)
To review its legislation relating to the custody of the child with a view to
ensuring that all decisions taken are based on the principle of the best interests of the
child in line with articles 3 and 12 of the Convention and that children can no longer
be withdrawn from their mother’s custody if she remarries; and
(d)
To enable women and girls to inherit on terms of equality with men.
Illicit transfer and non-return of children abroad
50.
The Committee reiterates its concern about the difficulty in implementing judicial
decisions regarding custody and visitation rights for Algerian children with one parent
living outside Algeria and the prevalence of child abduction among children of mixed
marriages.
51.
The Committee reiterates its recommendations (CRC/C/15/Add.269, para. 49)
that the State party undertake all necessary efforts to prevent and combat illicit
transfer and non-return of children and to ensure proper and expeditious
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