CEDAW Concluding Observations: Libyan Arab Jamahiriya, 2009

CEDAW/C/LBY/CO/5

Extract:

Discriminatory laws

While welcoming the pledge by the State party’s delegation that Law No. 18 of 1980 on the provisions of the nationality law will be amended in order to comply with article 9 of the Convention, the Committee remains concerned that Libyan women married to non-Libyan nationals are not granted equal rights with men with respect to the nationality of their children. The Committee is further concerned at the legislation governing child custody whereby women are not permitted to travel abroad with their children without the consent of the children’s father. The Committee expresses concern that legal provisions relating to personal status, in particular concerning marriage (including polygamy), divorce and inheritance, do not provide for equal rights for women and men.
The Committee encourages the State party to accelerate the process of amendment of Law No. 18 of 1980 to make it consistent with article 9 of the Convention. The Committee further calls upon the State party to intensify its efforts to amend its legislation governing child custody expeditiously, in order to ensure that women have the same right as men to travel with their children abroad. The Committee recommends that the State party introduce legislative reforms to provide women with equal rights in marriage, divorce and inheritance. It calls upon the State party to end the practice of polygamy in accordance with the Committee’s general recommendation No. 21, on equality in marriage and family relations.