妇女婚姻家庭平等权研究

发布时间：2018-06-18 00:16

本文选题：妇女婚姻家庭平等权 + 消除对妇女一切形式歧视公约　；参考：《湖南师范大学》2012年硕士论文

【摘要】：妇女婚姻家庭平等权意为妇女不论已婚或未婚,都享有与男子平等的缔婚、离婚、管理子女、生育、收养子女、选择姓氏、管理家庭财务、性自由等婚姻家庭权利。《消除对妇女一切形式歧视公约》(以下简称《妇女公约》)具体规定了妇女在缔结婚姻、家庭生活、婚姻家庭相关民事权利和解除婚姻等四方面的平等权。在内容上它超越了公、私领域划分,超越了形式平等,首次全面规定了妇女婚姻家庭权利,取得了巨大成就。但不足的是它未规定“非法”婚姻家庭关系,未明确禁止重婚,未统一规定最低结婚年龄,未明确禁止家庭暴力,未规定女童、老年妇女的婚姻家庭平等权。实践中186个国家已成为《妇女公约》缔约国,消除对妇女歧视委员会(以下简称CEDAW)等妇女人权机构也已广泛设立,妇女婚姻家庭环境得到了显著改善。但问题依旧存在,如CEDAW权利保障和监督机制亟待完善,大量的保留和解释性声明阻碍公约实施,一些缔约国怠于实施公约等。自我国加入《妇女公约》以来,已形成了以宪法为基础,婚姻法、妇女权益保障法为主体的妇女婚姻家庭法律保障体系,但在立法和实践中仍存在诸多问题。从立法看,我国生育法律与《妇女公约》有冲突,《婚姻法》中男女最低结婚年龄与公约不一致,国内法未对“歧视”做明确规定。实践中,家庭暴力仍严重威胁妇女和女童,妇女在共同财产管理上未实现平等,妇女离婚平等权难以得到保障等。总而言之,我国落实妇女婚姻家庭平等权要从立法和实践两方面入手。一方面要健全妇女人权法律保障体系,包括细化妇女婚姻家庭立法,完善民、刑等周边法律制度,加强相关国内法和国际法的衔接,保障国际法的贯彻实施等。另一方面在实践中加强妇女婚姻家庭权利保护,包括加强婚姻家庭法执法力度,加强妇女法律援助,提高女性素质,促进非政府组织和男性参与妇女维权等。
[Abstract]:Women's right to equality in marriage and family means that women, married or unmarried, have equal access to marriage, divorce, management of children, childbirth, adoption of children, choice of family name, management of family finances, The Convention on the Elimination of all forms of Discrimination against Women (hereinafter referred to as "the Convention on the Elimination of all forms of Discrimination against Women") specifies women's equal rights in marriage, family life, civil rights related to marriage and dissolution of marriage. In content, it transcends the division of public and private fields, transcends formal equality, and for the first time provides for women's rights in marriage and family, and has made great achievements. However, it does not provide for "illegal" marriage and family relations, does not explicitly prohibit bigamy, does not set a uniform minimum age for marriage, does not explicitly prohibit domestic violence, does not provide for equal rights for girls and older women in marriage and family. In practice, 186 countries have become parties to the Convention on Women, and women's human rights institutions, such as the Committee on the Elimination of Discrimination against Women (CEDAW), have been widely established, and the environment for women's marriage and family has been significantly improved. However, the problems still exist, such as the urgent improvement of CEDAW rights protection and monitoring mechanism, a large number of reservations and interpretative declarations hindering the implementation of the Convention, and some States parties' laziness in the implementation of the Convention. Since China's accession to the "Women's Convention", there has been a legal protection system for women's marriage and family based on the Constitution, the Marriage Law and the Law on the Protection of Women's Rights and interests, but there are still many problems in legislation and practice. From the legislative point of view, there is conflict between China's fertility law and the "Women's Convention", the minimum age of marriage for men and women in the Marriage Law is inconsistent with the Convention, and there is no clear stipulation of "discrimination" in domestic law. In practice, domestic violence is still a serious threat to women and girls, women are not equal in the management of common property, women's equal right to divorce is difficult to be guaranteed. In a word, the implementation of women's right to equality in marriage and family should begin with legislation and practice. On the one hand, it is necessary to perfect the legal protection system for women's human rights, including the refinement of women's marriage and family legislation, the perfection of the surrounding legal systems such as people's and criminal punishment, the strengthening of the connection between relevant domestic laws and international law, and the guarantee of the implementation of international law, etc. On the other hand, we should strengthen the protection of women's marriage and family rights in practice, including strengthening the law enforcement of marriage and family law, strengthening women's legal aid, improving the quality of women, and promoting the participation of non-governmental organizations and men in women's rights.
【学位授予单位】：湖南师范大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D923.9

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