E/CN.4/2002/73/Add.2
page 35
132. In other cases, official representatives of the religious hierarchy condemn abortion or the
use of contraception, including where women are raped or exposed to rape in situations of armed
conflict.187
133. Traditional practices are interlinked and even exacerbated by the influence of several
factors against the backdrop of a dangerous and reactionary perception of the place of women in
society and within the family. Violence, for example, can constitute an obstacle to family
planning. In Zimbabwe, Kenya, Ghana, Peru and Mexico, women are reportedly often forced to
hide their contraceptive pills because they are terrified of the violent consequences that would
ensue from their husband’s discovery that he was no longer in control of his wife’s fertility.188
(i)
Levirate
134. The practice of levirate is founded on mythology of Jewish origin according to which, if a
man dies with no male ascendant, his widow cannot marry outside the family and must take as
her husband her brother-in-law (the deceased’s brother, or levir in Latin). The eldest male child
of that union is then regarded as the son of the deceased, whose name he will bear and who will
be his legal heir.189
135. Levirate, a custom which also existed among the Hittites and Assyrians, seems to be
practised in countries with very different religious traditions, such as, for example, the Congo
(E/CN.4/Sub.2/2000/17, para. 66), Burkina Faso, where the practice has since been banned
(A/55/38 (Part I), para. 245), Kenya, Chad and Cameroon.190 In these countries, levirate is
reported as harmful to women’s health by encouraging the transmission of HIV/AIDS.191 It can
also infringe women’s right of free consent in regard to marriage and may even be considered a
latent form of forced marriage.
136. A practice similar to levirate and prevalent in Senegal in particular but also among Sioux
tribes is sororate, according to which the unmarried sister of a deceased woman is forced to
marry her dead sister’s husband. Like levirate, this practice has the advantage of bringing
together young women linked by blood ties within the same conjugal family and of
strengthening family bonds but, as with levirate, it can be injurious to the status of women and
especially to their health, in particular if the deceased man or woman has died of AIDS.192
2. Discrimination in matters of nationality
137. In many States, mothers cannot pass on their nationality to their children in the same way
that fathers can, even though this is a fundamental right to be enjoyed by men and women
equally.193 This issue, which reflects a restrictive view of women’s legal status, has, as has been
seen, formed one of the main subjects of the reservations made to the Convention on the Rights
of the Child, primarily by Muslim countries (see paragraph 74 above).
3. Giving of evidence
138. In some religious cultures, in particular monotheistic cultures, religious texts have been
interpreted as limiting the worth of female testimony. There is no doubt that religious precepts
can seem discriminatory when taken out of context.194 It must, however, be borne in mind that
religion—specifically Islam—put an end to practices which wholly excluded women from giving