Protocol on the Rights of Women
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(c) provision of necessary support to victims of harmful practices through
basic services such as health services, legal and judicial support, emotional
and psychological counselling as well as vocational training to make them
self-supporting;
(d) protection of women who are at risk of being subjected to harmful
practices or all other forms of violence, abuse and intolerance.
Article 6: Marriage
States parties shall ensure that women and men enjoy equal rights and are
regarded as equal partners in marriage. They shall enact appropriate national
legislative measures to guarantee that:
(a) no marriage shall take place without the free and full consent of both
parties;
(b) the minimum age of marriage for women shall be 18 years;
(c) monogamy is encouraged as the preferred form of marriage and that the
rights of women in marriage and family, including in polygamous marital
relationships are promoted and protected;
(d) every marriage shall be recorded in writing and registered in accordance
with national laws, in order to be legally recognised;
(e) the husband and wife shall, by mutual agreement, choose their
matrimonial regime and place of residence;
(f) a married woman shall have the right to retain her maiden name, to use
it as she pleases, jointly or separately with her husband’s surname;
(g) a woman shall have the right to retain her nationality or to acquire the
nationality of her husband;
(h) a woman and a man shall have equal rights, with respect to the
nationality of their children except where this is contrary to a provision in
national legislation or is contrary to national security interests;
(i)
a woman and a man shall jointly contribute to safeguarding the interests
of the family, protecting and educating their children;
(j) during her marriage, a woman shall have the right to acquire her own
property and to administer and manage it freely.
Article 7: Separation, divorce and annulment of marriage
States parties shall enact appropriate legislation to ensure that women and
men enjoy the same rights in case of separation, divorce or annulment of
marriage. In this regard, they shall ensure that:
(a) separation, divorce or annulment of a marriage shall be effected by
judicial order;
(b) women and men shall have the same rights to seek separation, divorce
or annulment of a marriage;
(c) in case of separation, divorce or annulment of marriage, women and
men shall have reciprocal rights and responsibilities towards their children. In
any case, the interests of the children shall be given paramount importance;
(d) in case of separation, divorce or annulment of marriage, women and
men shall have the right to an equitable sharing of the joint property deriving
from the marriage.
Article 8: Access to justice and equal protection before the law
Women and men are equal before the law and shall have the right to equal
protection and benefit of the law. States parties shall take all appropriate
measures to ensure:
(a) effective access by women to judicial and legal services, including legal
aid;
(b) support to local, national, regional and continental initiatives directed
at providing women access to legal services, including legal aid;