This chapter presents an overview of discrimination affecting women in the family. It examines discriminatory social institutions – formal and informal laws, social norms and practices – that limit women’s decision-making power and undervalue their status in the household across 12 Eurasian countries, covering areas such as child marriage, household responsibilities, parental authority, divorce and inheritance. The chapter also seeks to provide policy makers with the necessary tools and evidence to design effective gender-responsive policies to tackle gender inequality in the family sphere.
SIGI 2019 Regional Report for Eurasia
Social Institutions and Gender Index
Chapter 3. Discrimination in the family
Abstract
Box 3.1. Measuring discrimination against women in the family
The discrimination in the family (DF) sub-index captures social institutions that limit women’s decision-making power and undervalue their status in the household and the family. These formal and informal laws, social norms and practices co-exist in different types of legal systems, including civil or common law, customary law and religious laws. They cover areas such as marriage, parental authority, household responsibilities, divorce and inheritance rights.
Women’s decision-making power and their status in the family determine both their ability to choose their own development pathways and the well-being of their families.
The DF sub-index is composed of four indicators, all of which take into account non-statutory (societal) discrimination against women in traditional, religious and customary laws and practices.
“Child marriage” captures both the prevalence of girls’ formal marriages or informal unions under 18 years of age and the level of legal protection, i.e. whether the legal framework sets the minimum age of marriage for women and men at 18, without judicial exceptions or parental consent.
“Household responsibilities” captures expectations towards men’s and women’s roles in the family, gender differences in the distribution of domestic duties, and legal acceptance of such differences, i.e. whether women and men enjoy the same legal rights and decision-making abilities and responsibilities in the household.
“Divorce” captures whether women and men enjoy the same rights to initiate divorce without negative repercussions.
“Inheritance” captures whether surviving spouses and siblings enjoy equal rights to inheritance of real estate and personal property irrespective of their sex.
Figure 3.1. Level of discrimination in the family sphere
Note: Higher SIGI values indicate higher inequality: the SIGI ranges from 0% for no discrimination to 100% for absolute discrimination. Kazakhstan, Moldova and Ukraine have low levels of discrimination (10-25%). Armenia, Azerbaijan, Belarus, Georgia, Kyrgyzstan, Mongolia, Tajikistan, Turkmenistan and Uzbekistan have medium levels of discrimination (25-50%). For more information see Annex A, Table A1.
Source: OECD (2019), Gender, Institutions and Development Database, https://oe.cd/ds/GIDDB2019.
Discrimination against Eurasian women is most pervasive in the family sphere. Women’s status in the family, with an average level of discrimination of 31%, indicates that standard gender-sensitive policies have failed to eradicate legal loopholes, such as child marriage and household responsibilities. Policies have also failed to challenge discriminatory social norms and practices that perpetuate women’s subordinate status and lower their decision-making power in the household: caring and domestic responsibilities are still viewed as a female duty, women are unpaid for care and domestic work, and child custody following divorce is often automatically awarded to mothers.
The level of discrimination in the family varies across and within sub-regions. Discrimination is slightly more prevalent in Central Asia (33%) and in the Caucasus (32%) than in Eastern Europe (26%). Moreover, within sub-regions, family laws and social norms define women’s status and role differently from one country to another: the twelve Eurasian countries ranked in this sub-index span from low to high levels of discrimination (Figure 3.1). Kazakhstan is the best performer, with a level of discrimination of 22%. Five countries have a low level of discrimination (from 23% in Ukraine to 29% in Kyrgyzstan), while Uzbekistan (42%) and Tajikistan (48%) lag behind.
Figure 3.2. SIGI results in the “discrimination in the family” indicators
Note: Sub-regional and world averages in the four discrimination in the family indicators. For more information see Box 3.1
Source: OECD (2019), Gender, Institutions and Development Database, https://oe.cd/ds/GIDDB2019.
Discriminatory social institutions particularly undermine women’s capacity to participate as equal actors in the family. Responsibility for household tasks and care-giving is the most pervasive and acute form of discrimination against women in the family sphere. The regional level of discrimination in this indicator is 52%. It is not adequately addressed in the law and women are often confined to their traditional reproductive role and caring responsibilities. No country explicitly provides women with the same right as men to be recognised as head of household; women allocate on average five hours per day to the household, compared to over two hours for men; and 38% of respondents declare that they think children with working mothers will suffer. In other indicators such as child marriage, divorce and inheritance, the regional level discrimination is respectively 33%, 19% and 13% (Figure 3.2). Discriminatory child-marriage laws and practices continue to be a serious issue, particularly in countries in Central Asia (Kyrgyzstan, Tajikistan) and the Caucasus (Georgia). In Georgia, Kyrgyzstan and Tajikistan, child-marriage rates (14%) are well above the regional average of 8% and slightly below the global average of 16%.
Kazakhstan is the best performer in the region, with a discrimination level of 22%. This is notably due to its relative good performance regarding girl child marriage. The statutory minimum age of marriage for women and men is 18. At 6%, the child-marriage rate is below the regional average (8%). The legal framework establishes that spouses have equal rights and obligations and jointly exercise parental authority. Either spouse can file for divorce and equal parental rights continue after divorce. Under the law, daughters and sons have the same rights to inherit property, as do male and female surviving spouses. Disinheritance of a surviving spouse is prohibited, with the law further stipulating that the inheritance of the widow shall not infringe upon her rights associated with matrimonial property, including the right of ownership to part of the estate acquired during marriage. Moreover, property dispossession is criminalised. However, challenges remain in terms of child marriage and household responsibilities. In Kazakhstan, civil registration authorities allow girls to marry before the age of 18 (by up to two years). Furthermore, there is an unbalanced participation of fathers in relation to child support and educational responsibilities. Kazakh women spend on average four hours on unpaid care and domestic activities per day, compared with two hours per day for men. According to recent statistics, only 7% of children under the age of five receive paternal support for early childhood education (MNE RK, UNFPA and UNICEF, 2016[1]). In addition, stigmatisation of working mothers is still widespread, with 38% of the population declaring that children will suffer when a mother is in paid employment.
Child marriage
Key messages
Legal sanctions are stipulated by four countries in Central Asia1 and two countries2 in the Caucasus for those facilitating a marriage of an individual who is under the minimum age of marriage. In Central Asia, the prevalence of girl child marriage has slightly decreased, from 11% to 7% over the last decade, becoming the lowest level in the region.
Legal loopholes on the minimum age of marriage nonetheless perpetuate child marriage in Eurasian countries. Eleven countries across the three sub-regions3 legally allow girls to marry before the age of 18 under certain circumstances.
Higher prevalence of girl child marriage in some countries in Central Asia and the Caucasus stands out as cause for concern. Overall, the regional average (8%) remains below the global average (16%). However, sharp discrepancies across the Eurasian region indicate that child marriage is still a problem in certain countries. The highest child marriage rates are found in Georgia, Kyrgyzstan and Tajikistan, where 14% of girls aged 15-19 are married, divorced or widowed.
Turkmenistan is the region’s best performer in the child marriage indicator and ranks 11th at the world level. The national legal framework sets the age of marriage for girls and boys at 18 without exception. In addition, compelling women to marry, hindering women’s right to enter into marriage4 and kidnapping women for the purpose of marriage are punishable by law.5 At 6%, the prevalence of child marriage in Turkmenistan is below the regional average (8%).
Key policy recommendations
Set 18 as the minimum age of marriage for girls and boys without any legal exceptions, in order to comply with international and regional legal frameworks such as the Convention on the Rights of the Child and the CEDAW (Box 3.2). In Turkmenistan, the 2012 Family Code raised the minimum age of marriage to 18 years for both sexes without exceptions.
Ensure that all marriages are registered by the competent civil authorities, including religious and customary ones, to support the effective implementation and enforcement of laws on the minimum age of marriage. In Denmark, for example, religious marriages are recognised by the State if there are no civil impediments.
Improve law enforcement by prosecuting local officials who sign marriage certificates for underage girls and by establishing penalties for those officiating underage marriages. In this context, the president of Kyrgyzstan signed a law in November 2016 that criminalises underage religious marriages, with 3-5 years’ imprisonment for anyone involved in organising or officiating the celebration, parents and clergy included (UNDP, 2016[2]).
Adopt comprehensive national strategies to eradicate child marriage and integrate child-marriage prevention programmes into other government initiatives, particularly in the areas of education, health and employment. In Georgia, a task force on the Issues of Child marriages was established by the Inter-Agency Council and Gender Theme Group in 2015. The group has undertaken a mapping of the government’s strategies and action plans relevant to the prevention of child marriage and has made relevant policy recommendations that were integrated in the Governmental Human Rights Action Plan for 2016-17 (CEDAW, 2016[3]).
Involve traditional and religious leaders to raise awareness of girls’ rights and the negative effects of child marriage on men within their communities. This implies empowering the most relevant agents of change and strengthening their duties to protect vulnerable young women. In Kazakhstan, a new strategy on the concept of family and gender policy was adopted in December 2016. It recognises the role of local and traditional institutions (e.g. community councils, elders) in advising religious institutions about the harmful effects of child marriages. In Azerbaijan, education and awareness-raising campaigns have been led by the State Committee for Family, Women and Children’s Affairs, the Office of the Commissioner for Human Rights, international organisations and local civil society organisations (Human Rights Council, 2014[4]).
Support civil society organisations (CSOs) committed to ending child marriage and further support the role of community-based organisations by increasing their unearmarked funding and ensuring that they are well equipped and have the necessary skills to mobilise communities to delay the age of marriage (Box 3.3).
Box 3.2. International standards condemning child marriage
Child marriage is recognised in international legal instruments to be a serious violation of a child’s human rights. Since the adoption of the Universal Declaration of Human Rights in 1948, numerous international treaties and agreements have been forged to prevent child marriage and protect the human rights of children.
The Convention on Consent to Marriage, Minimum Age for Marriage, and Registration of Marriages (1962) establishes that all State parties should take “legislative action to specify a minimum age of marriage” (Arts. 1, 2 and 3).
The CEDAW (1979) states that “the betrothal and the marriage of a child shall have no legal effect” (Art. 16 (2)).
The Convention of the Rights of the Child (1989) precludes State parties from permitting or giving validity to a marriage between persons who have not attained the age of majority.
The 2030 Agenda under SDG Target 5.3 aims to “eliminate all harmful practices, such as child, early and forced marriage”.
In-depth analysis of child marriage
Governments have stepped up to fight against child marriage. Child marriage is prohibited in seven countries6 in the Eurasian region, and Turkmenistan prohibits marriage for anyone under the age of 18 with no exceptions. All countries in Central Asia, and Azerbaijan in the Caucasus, have implemented public measures to generate social support for the enforcement of laws on the minimum age of marriage. In addition, four countries7 in Central Asia and two countries8 in the Caucasus stipulate legal sanctions for those facilitating a marriage of boys and girls under the minimum age of marriage. In Azerbaijan, anyone facilitating a marriage of an individual who is under the minimum age of marriage can be charged under the Criminal Code. In addition, three9 Central Asian countries have established awareness-raising and/or education programmes around the minimum age of marriage. In Kyrgyzstan, for instance, the 2015-17 National Action Plan on Gender Equality sends a strong message condemning child marriage, with specific objectives linked to raising general awareness about the harmful effects of the practice and educating military personnel on the matter.
Gaps in the legal framework still undermine positive advances in efforts to protect girls’ rights. In 11 Eurasian countries,10 girls may still marry under the age of 18 in exceptional cases. In Uzbekistan, legislation regarding the legal age of marriage discriminates solely against girls, allowing them to marry at a younger age than boys. In the remaining countries, except Turkmenistan, girls are allowed to marry below the age of 18 with parental consent (four countries11) or with judicial consent (five countries12). Furthermore, in four countries13 in Central Asia and three in Eastern Europe and the Caucasus14, girls are allowed to marry with the consent of another authority. In Azerbaijan, for instance, a derogation15 to marry one year earlier than the legal age can be granted by the local body of the executive power of the place of residence of the persons wishing to marry. In Tajikistan, the legal minimum age of marriage for women and men is 18 years, although the court can marry 17-year-olds in exceptional circumstances, without defining the “exceptional circumstances”.
Figure 3.3. Prevalence of girl child marriage in 2012 and 2018
Note: Percentage of girls aged 15-19 who were married, divorced, widowed or in an informal union in 2012 and 2018.
Source: OECD (2019), Gender, Institutions and Development Database, https://oe.cd/ds/GIDDB2019.
Child marriage rates vary across the three sub-regions. The regional prevalence of girl child marriage (8%) is much higher than the prevalence of boy child marriage (2%). There are sharp discrepancies among countries in the sub-regions. Both the highest and lowest prevalence of child marriage are found in the Caucasus, where 14% of girls aged 15-19 are married, divorced or widowed in Georgia compared to 5% of girls in Armenia (Figure 3.3). In Central Asia, child marriage is far more common in Tajikistan (14%) than in Mongolia (5%), Turkmenistan (6%) and Kazakhstan (6%). In Eastern Europe, Moldova has a higher child marriage rate (12%) than Belarus (8%) and Ukraine (7%).
Child marriage can take place against the will of the bride or without her prior knowledge in some countries in Central Asia and the Caucasus.16 Reports of forced marriages and bride kidnappings are evidence of girls’ lack of decision-making power and lower status in the household (Rankovic, 2012[5]). Kidnapped women are seen as “belonging” to their husband’s family, which in turn restricts their freedom of movement and access to education and employment. In Kyrgyzstan, for instance, a high number of marriages result from bride kidnapping, especially in rural and remote areas. Recent reports indicate that 32 bride kidnappings occur each day on average in the country and that sometimes young girls resort to suicide to escape such acts (UNDP, 2016[2]). In Azerbaijan, it is reported that most child marriages take place against the girl’s will or under parental pressure. The complicity of religious leaders and parents, as well as the prevalence of unregistered religious marriages, contribute to the persistence of the practice of forced marriage (Human Rights Council, 2014[4]).
Box 3.3. Eliminating bride kidnapping in Kyrgyzstan
In June 2018, after the murder of a young Kyrgyz woman brought attention to the issue of bride kidnapping, thousands gathered in the streets of the capital, Bishkek, to stand against the Kyrgyz tradition. The United Nations estimates that 12 000 women and girls are abducted every year in Kyrgyzstan to be offered to a potential husband, and that one out of every five marriages in the country is a result of bride kidnapping.
Police authorities in Issyk-Kul have been working at educational institutions and rural meetings to raise awareness that abducting a bride against her will is not a tradition but a crime. Separately, the Bishkek-based non-governmental organisation (NGO) Open Line has developed an app that enables users to upload information on kidnappings in real time and warn each other. It also consolidated a legal guide on how to seek support in bride-kidnapping cases. Previous efforts to raise awareness include a series of short films that aimed to sensitise Kyrgyz society about the practice, encouraging girls’ parents to object to bride kidnapping and witnesses of the crime to call the police.
Meanwhile, a law was strengthened by the Kyrgyz Parliament in 2013 to make bride kidnapping punishable by up ten years in prison. This resulted from advocacy campaigns by civil society and national and international organisations, such as UN Women, and the government’s commitment to address the issue.
Source: UN Women, What it means to be a kidnapped bride. http://www.unwomen.org/en/news/stories/2018/11/video-kyrgyzstan-kidnapped-brides.
Child marriage is an intersectional issue. Girls who lie at the intersection of unequal power structures of religion, race, class and ethnicity are more likely to suffer from multiple obstacles across all stages of their lives, including child and forced marriages. Child marriage is more prevalent among some minority and ethnic groups in Eurasia. For instance, in Eastern European countries (Belarus, Moldova, Ukraine), arranged marriages under common law, not upheld by the state, are practiced in some Roma communities, with Roma girls married at age 15 and younger – often to grooms who are also minors (ECMI, 2017[6]). In the Caucasus, more particularly in Armenia, while rates of child marriage are relatively low (5%), they are reportedly more common among ethnic communities such as the Yezidi and Molokan (Council of Europe, 2014[7]). Among the Yezidi communities, child marriage is considered an important aspect of cultural identity (UNFPA, 2014[8]). In some countries in Central Asia (Kazakhstan and Kyrgyzstan), child marriage remains a problem in Muslim communities, and is a gendered phenomenon particularly affecting girls (UNFPA, 2014[8]).
Household responsibilities
Key messages
The law guarantees equality in certain areas of the family sphere. All countries in the region accord wives and husbands equal parental authority and the same rights and responsibilities with regard to their children.
But women do not share the right to be head of household. Legal loopholes remain across the region. No country in the Eurasian region stipulates provisions recognising women’s equal right with men to be head of the household.
Discriminatory patterns shape unequal intra-household relations. Social norms and gender stereotypes perpetuate the traditional male-breadwinner model and curtail women’s decision-making power in the family. On average, 38% of Eurasian respondents declare that children will suffer when a mother is away from home to be in paid employment. This is below the global average (50%). In all countries of the region, women bear a larger share of unpaid care and domestic work than men. On average, women spend 2.5 times more time on household chores and childcare than men do.
Key policy recommendations
Grant women legal rights in the household and as parents. Countries should include legal provisions that recognise equal rights for women to be head of the household and that guarantee equal parental authority. They should ensure that these legal rights are also extended to informal unions (Box 3.4).
Provide better access to childcare and care for the elderly in order to reduce the time women spend on domestic care. In one example of this, the Azerbaijan 2020 Socio-Economic Development Concept highlights plans to increase the number of kindergartens to facilitate childcare for working parents.
Guarantee family-friendly working conditions that enable parents to balance their working hours and caring responsibilities. A flexible work schedule or teleworking allows women and men to choose working hours that better accommodate their caring responsibilities. In Moldova17, both parents are entitled to flexible or part-time working schedules to accommodate childcare needs.
Tackle entrenched social norms and traditional views of masculinity through training and awareness-raising campaigns targeting men. Such actions should aim to “defeminise” caregiving and reshape existing gender norms that prevent men from assuming equal caring responsibilities. In Ukraine, the UN Population Fund and the Ministry of Social Policy launched the campaign “4 Hands Happiness” in 2015 to engage fathers in having a more active role in childrearing (Box 3.5).
Box 3.4. International standards on gender equality in the family sphere
The right to gender equality in the family sphere is enshrined in several international treaties and benefits from a wide international consensus.
The CEDAW (1979) affirms women’s and men’s equal rights and responsibilities as parents (Art. 16 (c)) and acknowledges that women have the same rights and responsibilities as men concerning guardianship, wardship and trusteeship of children (Art. 16 (g)).
The Beijing Declaration and Platform for Action (1995) promotes the equal sharing of responsibilities for the family among men and women and considers this to be critical to their well-being and that of their families (Art. 15).
Target 5.4 of the Sustainable Development Goals (2015) advocates “the promotion of shared responsibility within the household and the family” and highlights the need to “recognise and value unpaid care and domestic work”.
In-depth analysis of household responsibilities
The law protects women’s decision-making authority in the household across the Eurasian region. All 12 countries grant wives and husbands equal parental authority and the same rights and responsibilities with regard to their children. Furthermore, no country in the region requires married women to obey their husbands. Women have the same rights as men to choose where to live, irrespective of their marital status.
The law does not recognise women’s equal right to be head of household. Despite the fact that the region’s countries ensure that spouses should jointly safeguard the interest of the family, their legal frameworks do not contain an explicit provision granting women and men the same rights to be recognised as head of household.
Discriminatory customary practices and restrictive gender roles in the household limit women’s ability to exercise their parental authority. In nine countries18, there are customary, religious or traditional practices that discriminate against women’s decision-making within the household. In Kyrgyzstan, for instance, men are traditionally considered as the head of the household, while wives are in a subordinate position and tasked with housework and childcare (CEDAW, 2015[9]). Wives must also live with their husband’s family and often require permission from their husband to leave the family home (Amnesty International, 2016[10]). Also in Kyrgyzstan, the proportion of women responsible for deciding about larger household purchases is relatively low (9%) in comparison to men (17%) (DHS, 2012[11]). In Turkmenistan, although women’s income has increasingly approached the level of men’s income, women still face discrimination on matters like managing the family budget and making family decisions (ICWC, n.d.[12]).
Figure 3.4. Distribution of unpaid care and domestic work between women and men
Note: Number of hours that women and men spend on unpaid care and domestic work per 24 hours.
Source: OECD (2019), Gender, Institutions and Development Database, https://oe.cd/ds/GIDDB2019.
The gender gap in time spent on domestic work reflects traditional societal views. Discriminatory representations of women’s roles and responsibilities are prevalent in the region, and gender stereotypes continue to exercise pressure on women’s role, especially regarding domestic chores and child rearing obligations (Figure 3.4). On average, 38% of Eurasian respondents declare that children will suffer when a mother is in paid employment, ranging from 32% in Belarus to 65% in Georgia. Across Eurasia, women perform on average five hours of unpaid care and domestic work per day; in contrast, men spend around two hours. This gap is largest in Azerbaijan, where women spend more than six hours compared to just over two hours for men. In Armenia, women and men are often seen as having distinct gender roles, with women taking primary responsibility for the household and child care, and men engaging in income-earning activities outside the home as the main breadwinner and head of the household (ADB, 2015[13]; FAO, 2017[14]). Armenian women spend on average five hours a day on unpaid care and domestic work, while men spend just over one hour (UNECE, n.d.[15]). Furthermore, 68% of Kazakhs prefer a traditional family arrangement where the man is the breadwinner and the woman takes responsibility for the house and children (EBRD, 2016[16]). In addition, 89% of women in Uzbekistan think that being a housewife is just as fulfilling as working for pay, compared to 91% of men (Inglehart et al., 2014[17])
Box 3.5. Ukraine’s “4 Hands Happiness” campaign
In order to engage fathers in having a more active role in childrearing, the United Nations Population Fund (UNPFA) and Ukraine’s Ministry of Social Policy launched the “4 Hands Happiness” campaign in 2015. The aim was to challenge stereotypes about the traditional distribution of family responsibilities and to promote responsible fatherhood, paternity leave and the equal distribution of chores within the household.
The awareness campaign encourages fathers to spend more time with their children and to redistribute caring responsibilities within the household. On average, a Ukrainian father spends just 56 minutes per day with his children. In 2017, the campaign organised five events where celebrity dads, including football players, rock stars and company chief executives, read books aloud to other parents and their children. The celebrity advocates were featured in an ELLE magazine article entitled “Making Fatherhood Fashionable” and in advertising campaigns in social media and underground (metro) stations, reaching approximately 259 000 people per day.
Source: UNFPA. Real men do chores too, https://eeca.unfpa.org/en/news/real-men-do-chores-too-engaging-fathers-domestic-tasks-and-caregiving-combat-gender-inequality
Budget cuts in basic social services hold women back from full equality and increase the burden of unpaid care and domestic work. Following the dissolution of the Soviet Union in 1991, funding and budgets for the provision of social services were significantly reduced. Low-income women withdrew from the labour market or switched to part-time work, due partly to the closure of subsidised day care. Women who were no longer able to contribute to the household income experienced a consequent decrease in their bargaining power and decision making within the family (World Bank, 2003[18]). In Ukraine, for example, where preschool education was widely developed during the Soviet period, the closure of preschools and childcare facilities has negatively affected women, especially those living in rural areas (Strokova and Ajwad, 2017[19]). Similarly, in Tajikistan there is a lack of accessible and affordable kindergartens (ADB, 2016[20]), with the total number of preschool institutions falling from 944 in 1991 to 467 in 2009 (ILO, 2014[21]); by 2015, only 10% of girls and 11% of boys were enrolled in pre-primary education (World Bank, n.d.[22]). Moreover, the cost of private preschool establishments is prohibitive for the vast majority of Tajik women (ADB, 2016[20]). All of these factors have substantially increased women’s burden of household tasks and responsibilities.
Divorce
Key messages
Formal legal equality in divorce is guaranteed across the majority of Eurasian countries. In 11 of the 12 countries,19 women have guaranteed equal rights to initiate and finalise divorce. In addition, women have equal rights and responsibilities for children after a divorce, and they continue to share legal guardianship in all countries of the region.
Restrictions in divorce proceedings still trap women in some countries. In practice, when considering unilateral divorce, the courts are entitled to adjourn the proceedings for up to six months in order to reconcile both parties. Since a period of reconciliation is often mandated, survivors of domestic violence may be sent back to abuse, which can escalate due to divorce proceedings.
Customary laws still govern divorce in the Caucasus and Central Asia. Via customary, traditional and religious laws, four Central Asian countries20 and all three countries in the Caucasus still discriminate in practice against women’s legal right to initiate divorce. In addition, unregistered marriages are governed by the same customary and religious laws that prevent women from claiming their legal rights to divorce.
Belarus, Kazakhstan Kyrgyzstan, Moldova and Ukraine score best in this indicator. In these countries, women’s divorce rights are protected by legislative frameworks that provide women with the same rights as men to initiate and finalise divorce proceedings. In Ukraine, divorce can be initiated jointly or unilaterally. Divorce legislation concerning child custody often allows for joint or single custody arrangements. In Kazakhstan, parental rights continue after divorce, and child custody is jointly determined by both parents or awarded to either parent by the court if an agreement cannot be found among them. Furthermore, in the four countries, there are no customary, religious or traditional laws or practices that discriminate against women’s rights to initiate divorce or deny a woman’s legal right to be the legal guardian of her children after divorce.
Key policy recommendations
Restrict conciliation and mediation at all stages of divorce proceedings, particularly for women affected by domestic violence.
Strengthen the registration of customary and religious marriages to protect the rights of spouses concerning property issues upon the dissolution of marriages by divorce.
Adhere to the CEDAW agreement, which calls on States Parties to eliminate discrimination against women at the inception of a marriage, throughout its duration and at its dissolution by divorce (Art. 16 (1)).
Provide free legal advice to women in family matters, including family law and divorce, to ensure that women know about their rights, have access to equal justice mechanisms and are not forced to abdicate their rights to obtain a divorce. An initiative in Azerbaijan offers a good-practice example (Box 3.6).
In-depth analysis of divorce
Divorce law puts women on an equal footing with men in most countries. Women’s equal rights to initiate and finalise divorce proceedings are guaranteed in all Eurasian countries except Tajikistan. In this country, Sharia law permits men to initiate divorce by repeating the word “talaq”, by which he formally repudiates his wife. This practice applies to both registered religious marriages and unregistered marriages. All countries grant equal rights and responsibilities towards children after a divorce, and most often legislation allows for joint or single custody arrangements. In Belarus,21 couples are encouraged to draw up a contract specifying what will happen with the children’s living arrangements in the event of divorce.
Child custody is more likely to be granted solely to mothers in practice. The granting of sole maternal custody, instead of joint or paternal custody, reflects entrenched gender stereotypes of women as the natural caregivers. Some efforts are being taken to combat this. There are NGOs in Belarus, for instance, that advocate for fathers’ rights and fight gender stereotypes that lead to automatically giving custody of children to the mother.
Reconciliation procedures can hinder women’s divorce rights. In some countries, a period of reconciliation is mandated by law (Armenia, Azerbaijan, Kazakhstan, Moldova, Tajikistan and Uzbekistan). In Uzbekistan, in addition to filing a divorce through the judicial system, one or both partners must also file a petition with the local “reconciliation commission”. This commission, or mahalla, acts as a local governmental body with adjudicating powers. In Tajikistan, when considering a unilateral request for divorce, the court must attempt to reconcile both parties and is entitled to postpone proceedings for up to six months to that end. The court can pronounce the divorce only if reconciliation measures prove ineffective, or if the court establishes that the family unit cannot be maintained.22 Similarly, in Moldova, when one spouse does not consent to divorce, the court may postpone proceedings for one to six months to provide time for reconciliation, except in cases where divorce is requested due to domestic violence or where the court deems the marriage to be irreparable.23
Practices in the Caucasus and Central Asia undermine women’s divorce rights. Pervasive customary, religious and/or traditional practices and/or laws continue to undermine women’s legal right to file for divorce in these sub-regions (Figure 3.5). In Turkmenistan, divorce in rural communities is rare, particularly due to the custom of paying a “bride price,” or kalym, which allegedly strengthens the marriage and keeps newlyweds from divorcing. This custom has increasingly been revived, and payments to the bride’s family can amount up to USD 10 000 (IWPR, 2012[23]). In Georgia, the Orthodox Church accepts divorce when all avenues for reconciliation have been exhausted and allows second marriages with prayers of repentance for the first divorce uttered during the second marriage ceremony (Mills, 2013[24]). As noted above, repudiation under Sharia law is practised in Tajikistan. In Uzbekistan, women may be discouraged from pursuing divorce, even in cases of reported domestic violence. In addition to discriminatory traditions that discourage women from inquiring into divorce proceedings, the process of finalising a divorce is highly complicated and is an effective barrier to both parties.
Figure 3.5. Legal frameworks governing divorce rights in Eurasia
Note: Share of countries per category of discrimination in divorce rights. See Annex B for more details on the coding. Non discriminatory: Belarus, Moldova, Kazakhstan, Kyrgyzstan and Ukraine; Discriminatory customary, religious or traditional laws or practices: Armenia, Azerbaijan, Georgia, Mongolia, Turkmenistan and Uzbekistan; Women’s right to initiate divorce is unequal or their parental authority after divorce is restricted: Tajikistan.
Source: OECD (2019), Gender, Institutions and Development Database, https://oe.cd/ds/GIDDB2019
Box 3.6. Legal aid for divorced women in Azerbaijan
Even though women and men have the same rights to initiate divorce and the same requirements to finalise the process in Azerbaijan, divorcees face social stigmas and judicial barriers. The increasing number of Azerbaijani women filing for divorce often have to anticipate condemnation of their families, lack of support from them and long court battle for children and property.
The Society for the Defense of Women’s Rights (SDWR), an association of 24 women’s non-governmental organisations, has helped divorced women in Azerbaijan who have become legally and socially vulnerable since the dissolution of the Soviet Union. The SDWR has been working alongside Azerbaijani divorced women who feel that they have been treated unfairly by divorce courts, and provides legal aid in order to help victims of domestic violence go through divorce.
Source: One Women, Women’s rights in Azerbaijan, https://www.onlinewomeninpolitics.org/womensit/az_w_sit.pdf.
Divorced women often face social stigma. Prevailing social norms regarding women’s responsibility to ensure the stability of the family often inhibit women’s legal rights to initiate divorce. In Kazakhstan, divorced women suffer from social stigma to the extent that their sisters often have trouble marrying and their parents may prohibit them from returning home (Emery, 2013[1]). In Azerbaijan, where divorce is seen as socially undesirable, only 4% of women and 1% of men aged 15-49 years reported being divorced (DHS, 2006[25]). Azerbaijani women suffer disproportionately from social stigma, and divorce can be difficult to obtain in court, even in cases of domestic violence (Human Rights Council, 2014[4]). Similarly, in Georgia divorce rates are very low, especially in rural areas, because divorce carries stigma and many couples do not officially register their marriages (Mills, 2013[24]).
Inheritance
Key messages
Women in Eurasia enjoy equal inheritance rights. All 12 countries grant female surviving spouses and daughters the same legal rights as their male counterparts to inherit land and non-land assets.
Discriminatory practices occur in Central Asia and the Caucasus. In six countries,24 women’s inheritance rights are more vulnerable due to patrilineal kinship systems. Under these customary systems, a widow moves in with her deceased husband’s family, thus forgoing the right to inherit from her parents. This is the case, for example, in Georgia and Turkmenistan.
Six countries have no discriminatory practices. Half of the region’s countries25 do not discriminate against women in this indicator. These countries provide widows and daughters with equal inheritance rights, and no discriminatory laws or practices restrict these rights in practice.
Key policy recommendations
Strengthen inheritance protection mechanisms by prohibiting disinheritance of the surviving spouse and criminalising property dispossession or the grabbing of inheritance (Box 3.7).
Run awareness-raising campaigns around inheritance rights in rural communities and ensure the provision of free legal advice and support for women to access legal consultations and assistance. Kyrgyzstan offers a good-practice example in this area (Box 3.8).
Box 3.7. International standards on women’s inheritance rights
Although many of the most important international human-rights instruments and treaties do not specifically mention the rights and needs of widows, the incidence of women’s restricted inheritance rights is widely recognised.
The Beijing Declaration and Platform for Action (1995) calls on governments to undertake legislative and administrative reforms to give women and girls full rights to the inheritance of land and other property (Para. 60(f)), and to review national inheritance tax systems to eliminate any existing bias against women (Para. 165(f)).
The CEDAW General Recommendation No. 29 (2013) establishes the principle of equal treatment of surviving females and males and prohibits the disinheritance of the surviving spouse (Para. 53).
Target 5.A of the Sustainable Development Goals (2015) calls upon all governments to “undertake reforms to give women equal rights to inheritance”.
In-depth analysis of inheritance
Women’s and girls’ inheritance rights are protected by legislative frameworks. All 12 countries in the region provide female surviving spouses and daughters with the same rights as their male counterparts to inherit land and non-land assets. Furthermore, all countries ensure that women and men have the same rights to make a will.
Enforcement of inheritance rights could be strengthened, notably in Eastern Europe and the Caucasus. The lack of properly enforced inheritance rights can have negative economic consequences for women. Weak inheritance rights for daughters and widows have been linked to gender gaps in property ownership and lower decision-making power for women in the household (Hallward-Driemeier et al., 2013[26]). Only three countries in Central Asia26 prohibit disinheritance of the surviving spouse, and among these countries only Kazakhstan criminalises property dispossession or the grabbing of inheritance.
Discriminatory practices can deprive women of their inheritance rights. Women’s rights to inherit their husband’s property and land are denied in six countries27 under customary, religious or traditional laws and practices (Figure 3.6). In these countries, despite legal provisions guaranteeing women’s inheritance rights, there is evidence to suggest that patrilineal inheritance continues to be practiced. In Armenia, cultural norms dictate that property is usually inherited by and registered to male family members (ADB, 2015[13]). In Turkmenistan, where Islamic law influences inheritance and society favours male ownership of property (FAO, n.d.[27]), sons traditionally receive most of the inheritance – especially the youngest son, who takes care of his parents and ends up receiving the remainder of his parents’ assets (Hays, 2016[28]; ILO, 2010[29]). In Georgia, many respondents to a survey said they believed that a major part of a parent’s property, or even all of it, should be given to a son (UN, 2013[30]). Supporting these norms is the strong belief that men function as the continuers of the patrimonial line. In Tajikistan, widows often lack rights over their deceased husband’s property, given that property certificates are commonly issued in the husband’s name only, or in the name of his family members (ADB, 2016[20]; USAID, 2010[31]).
Figure 3.6. Legal frameworks governing inheritance rights in Eurasia
Note: Share of countries per category of legislation on inheritance rights. See Annex B for more details of the coding. Non discriminatory: Azerbaijan, Belarus, Kazakhstan, Mongolia, Moldova and Ukraine; Discriminatory customary, religious or traditional laws or practices: Armenia, Georgia, Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan.
Source: OECD (2019), Gender, Institutions and Development Database, https://oe.cd/ds/GIDDB2019.
Box 3.8. Training on women’s inheritance rights in Kyrgyzstan
Extensive training for Kyrgyz government staff and civil society organisations (CSOs) has been provided through UN Women to improve gender sensitivity and increase understanding about women’s land and inheritance rights.
Approximately 400 heads of village councils participated in workshops to discuss the Law on Agricultural Land Management and provisions in other laws, such as the civil, family and land codes, that were relevant to women’s property and inheritance rights. Additionally, these officials learned about the state’s obligations to women under the CEDAW and heard directly from women whose rights had been violated.
Source: UN Women and OHCHR (2013), Realizing women’s rights to land and other productive resources, https://www.ohchr.org/Documents/Publications/RealizingWomensRightstoLand.pdf.
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Notes
← 1. Kyrgyzstan, Mongolia, Tajikistan and Uzbekistan.
← 2. Azerbaijan and Georgia.
← 3. Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Mongolia, Tajikistan, Ukraine and Uzbekistan.
← 4. Criminal Code, Art. 162.
← 5. Criminal Code, Art. 27.
← 6. Armenia, Azerbaijan, Moldova, Mongolia, Turkmenistan, Ukraine and Uzbekistan.
← 7. Kyrgyzstan, Mongolia, Tajikistan and Uzbekistan.
← 8. Azerbaijan and Georgia.
← 9. Kyrgyzstan, Turkmenistan and Uzbekistan.
← 10. Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Mongolia, Tajikistan, Ukraine and Uzbekistan.
← 11. Armenia, Kazakhstan, Moldova and Mongolia.
← 12. Georgia, Kazakhstan, Mongolia, Tajikistan and Ukraine.
← 13. Kazakhstan, Kyrgyzstan, Mongolia and Uzbekistan.
← 14. Azerbaijan, Belarus and Moldova.
← 15. Family Code, Art. 10.
← 16. Azerbaijan, Georgia, Kazakhstan, Kyrgyzstan and Uzbekistan.
← 17. Labour Code, Art. 97.
← 18. Armenia, Azerbaijan, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Mongolia, Tajikistan and Uzbekistan.
← 19. Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Mongolia, Turkmenistan, Ukraine and Uzbekistan.
← 20. Mongolia, Tajikistan, Turkmenistan and Uzbekistan.
← 21. Code of the Republic of Belarus on Marriage and Family, Art. 38.
← 22. Family Code, Art. 22.
← 23. Family Code, Art. 38.
← 24. Armenia, Georgia, Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan
← 25. Azerbaijan, Belarus, Kazakhstan, Moldova, Mongolia and Ukraine.
← 26. Kazakhstan, Tajikistan and Uzbekistan.
← 27. Armenia, Georgia, Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan.