cedaw

The transmission of the mother’s surname under the cedaw

This article investigates the scope and contents of CEDAW Art. 16, 1, g), which is the only provision within the international legal landscape to refer to the right to choose a family name. Originally, this provision was conceived by the drafters narrowly, to mean the freedom of the wife to keep her family (maiden) name in her personal and social life. The monitoring practice of the CmEDAW has subsequently widened the scope and contents of this provision, to cover the equal rights of the mother and of the father to pass their family name on their children.

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