Article 15

Abstract

This chapter details Article 15 of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Article 15(1) states in simple and explicit language the norm on equality between men and women before the law that underpins the entire Convention. Article 15(1) is followed by additional provisions which deal with equality in regard to women’s legal capacity in specific areas of civil law and the same right as men to acquire a domicile and, by implication, to be governed by a legal system of their choice through freedom of movement and residence. This article must be understood in the context of the evolving meaning of the concept of ‘equality before the law’. Constitutional provisions on equality in domestic jurisdictions and international human rights instruments use the phrase ‘equality before the law’ and ‘equal protection of the law’. The CEDAW Committee has elaborated that Article 15 provides that women and men must have equality before the law as well as benefit from equal protection of the law.