English - CEDAW Southeast Asia

CEDAW and the Law:
Obligations and rights of husband and wife
Article 21 of the Marriage and Family Law includes the following obligations and rights: (a) a
husband and wife must respect each other and preserve each other’s honour, dignity and
prestige; and (b) a husband and wife are strictly forbidden to commit acts of ill-treating, persecuting
or hurting the honour, dignity or prestige of each other.
Obligations and rights of parents
Article 34(2) of the Marriage and Family Law provides that parents must not treat discriminatorily,
ill-treat or persecute their children, hurt their honour, abuse the labour of their minor children,
incite or compel their children to act against law and social morality.
Obligations and rights of children
Article 35 of the Marriage and Family Law states that children have the obligation and right to
care for and support their parents. Children are strictly forbidden to ill-treat, persecute or hurt
the honour, of their parents.
Relations among family members
Article 49(1) of the Marriage and Family Law obliges co-habiting family members to care for
and help one another, together care for their family life, contribute labour, money and other
property to maintain their common life in proportion to their actual incomes and capabilities.
Crimes against children
Article 7 of the Law on Children identifies strictly prohibited acts, which include: (a) abandonment
of children by parents or guardians; (b) seduction or enticement of children towards a life
on the streets and abuse of street children for personal gain; (c) leading children to buy, sell,
transport, store or use illegal drugs, or to gamble; (d) leading children into prostitution or sexually
abusing children; (e) torture, maltreatment, grievous disrespect, appropriation, kidnapping,
trafficking and fraudulent exchange of children, and abuse of children for personal gain;
(f) abusive child labour, and use of children in heavy, dangerous jobs; (g) barring children from
study; and (h) measures that offend or lower the honour and dignity of children, and application
corporal punishment for children in conflict with the law.
See Part V.1.3.6, Indicators 23 – 26 and their Sub-indicators, and Part V.4.3, Indicators 34-52.
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Recommendation: A definition and explanation of GBV, drawing on GR 19, must
be provided in the Law of Gender Equality or in a decree implementing the Law on
Gender Equality. It must state that GBV refers to violence that can only be experienced
by a person because of her/his gender; violence directed against a person because of
her/his gender; or violence that affects a particular sex disproportionately.
The definition or explanation must state that GBV includes: (a) physical violence;
(b) sexual violence; (c) emotional violence; and (d) economic or financial violence.
Further, to assist in understanding GBV, any definition/explanation must provide examples
of its various manifestations: domestic violence, trafficking, rape, sexual harassment,
stalking, etc. These manifestations must also be defined and explained. It is also
critical to state that GBV is experienced mostly by women, although men can also be
subjected to GBV.
Review of key legal documents and compliance with CEDAW