The Importance of Family Law

Since time immemorial, families have served as the fundamental building blocks of society. Today marks the 30th celebration of the International Day of Families, an opportunity to recognize the unique role families play in society. But today we must also acknowledge the pervasive discrimination and barriers that women and girls face in family law in countries around the world. There is no better day to dedicate ourselves to pursuing legal reforms that will protect women and girls, unlock their potential and advance more prosperous, peaceful societies.

This week, Equality Now released a report that focused on gender equality in family laws in select countries in Africa. The analysis revealed gender inequality in marriage, divorce, custody, and property rights is being perpetuated by sex discrimination institutionalized within legal systems and customary laws. Discriminatory practices are deeply ingrained within legal systems and customary laws, perpetuating inequalities and leaving women and girls vulnerable to various forms of harm, including sexual and gender-based violence. While some significant legal reforms have been achieved, progress has been slow, hampered by setbacks, lack of political will, and inconsistent implementation.

Child marriage is one area where there has been significant progress in Africa. And while several countries have instituted absolute bans on child marriage, its persistence in some communities underscores the need for a multi-sectoral approach regarding its harmful consequences. In the United States, where some might assume there is little tolerance for child marriage, the laws say otherwise. Equality Now and our partners advocate that the minimum age for marriage be set at 18 with no exceptions, but only thirteen U.S. states meet this standard. Nearly 300,00 children were married in the U.S. between 2000 and 2018. The vast majority were girls wed to adult men, many much older.

Equality Now’s report further found countries need greater protections against gender-based violence, especially intimate partner violence. Marital rape is not prohibited in Algeria, Kenya, Sudan, and The Gambia, while Northern Nigeria’s Penal Code allows marital rape and “corrective” assault within marriage. Countries such as Sudan discriminate by granting husbands more powers to initiate divorce. In Algeria, women can only request a divorce in cases of abandonment, violation of the marriage contract, or if alimony is unpaid. And in Algeria, Cameroon, C?te d’Ivoire, Egypt, Nigeria, South Sudan, Sudan, and Tunisia, women and girls receive less inheritance than men and boys.

Not only is fixing discriminatory family laws in Africa the right thing to do for women and girls - it has the potential to significantly boost economic growth by empowering women to pursue economic activity. When women have equal rights within the family, they are more able to participate in the workforce, access education and training opportunities, and make decisions about their lives and livelihoods. Annual global GDP could be an additional $28 trillion if women participated in the economy identically to men, estimates the McKinsey Global Institute. By removing legal barriers and promoting gender equality within the family, African nations can unlock the full potential of their economies and foster sustainable development for the benefit of all citizens.