E/C.12/YEM/CO/2
number of complaints filed by victims, remedies granted, and prosecutions and
sentences imposed on perpetrators.
18.
The Committee remains concerned about the persistent inequality of women in
matrimonial and family matters in law and in practice, including forced marriages, severe
discrimination against women demanding divorce and the inferior position of women in
relation to the inheritance of conjugal property.
The Committee urges the State party, as a matter of priority, to amend its
matrimonial and family law with a view to eliminating discrimination against
women in marital matters and ensuring its consistency with the relevant human
rights standards under the Covenant and other international instruments. In
particular, it is recommended that urgent steps be taken with a view to (a)
ensuring that all marriages are registered in line with article 14 of the Personal
Status Code, (b) prohibiting forced marriages, (c) guaranteeing the right of
women to enter into marriage without the consent of a guardian; (d) ensuring
equal rights of women in divorce proceedings, (e) guaranteeing equal rights of
women under the inheritance law.
19.
The Committee is deeply concerned that the amendment to the Personal Status Act
No. 20 of 1992 by Law No. 24 of 1999, legalizing marriage for girls under 15 years of age
with the consent of their guardians, remains in force and that in October 2010 the
Parliamentary Sharia Committee prevented the entry into force of an amending act aimed
at establishing a minimum age of marriage. The Committee is also concerned about the
growing number of victims of child marriages (art. 10).
The Committee recommends that the State party: (a) adopt and implement the
Law on the minimum age of marriage and set it at 18 years of age in
accordance with recommendations by relevant international bodies; (b) ensure
access to effective remedies and other forms of necessary protection to victims
of child marriages; and (c) undertake to raise awareness of the negative effects
of child marriages.
20.
The Committee expresses its deep concern about the continued harmful practice of
female genital mutilation in the State party, especially in the coastal and rural areas
(art. 10).
The Committee recommends that the State party urgently adopt legislation
criminalizing female genital mutilation and ensure the prosecution and
adequate punishment of those performing it or imposing it on girls or women.
It also recommends that the State party strengthen its awareness-raising and
education efforts with the aim of completely eliminating this practice and
countering its underlying arguments.
21.
The Committee notes with concern that corporal punishment of children may be
applied as a penalty in criminal proceedings, and that it is lawful and widely used in the
home and alternative care settings as a disciplinary method (art. 10).
The Committee recommends that the State party urgently adopt legislation
explicitly prohibiting corporal punishment of children in all settings, including
as a penalty in criminal proceedings, as well as at home and in alternative care
settings.
22.
The Committee is concerned about the lack of effective implementation and
enforcement of the legal prohibition of child labour, leading to the exploitation of children
on a large scale (art. 10).
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