Legislation

Throughout this knowledge module, reference to certain provisions or sections of a piece of legislation, part of a legal judgment, or aspect of a practice does not imply that the legislation, judgment, or practice is considered in its entirety to be a good example or a promising practice.

Some of the laws cited herein may contain provisions which authorize the death penalty. In light of the United Nations General Assembly resolutions 62/149, 63/168, 65/206, and 67/176 calling for a moratorium on and ultimate abolition of capital punishment, the death penalty should not be included in sentencing provisions for crimes of violence against women and girls.

Other Provisions Related to Domestic Violence LawsResources for Developing Legislation on Domestic Violence
Sexual Harassment in Sport Tools for Drafting Sexual Harassment Laws and Policies
Immigration Provisions Resources for developing legislation on sex trafficking of women and girls
Child Protection Provisions Resources on Forced and Child Marriage
Other provisions related to dowry-related and domestic violence laws
Related Tools

Premarital, post-nuptial and other forms of marriage contract

Last edited: August 20, 2013

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  • Laws should specify that in systems under which contractual agreements in relation to the distribution of marital property are allowed, women are not left with less protection than they would have under the standard or default marriage provisions, owing to grave inequality in bargaining power.
  • Laws that provide for the possibility of making private contractual arrangements with respect to the distribution of marital and other property following the dissolution of marriage should include measures to guarantee non-discrimination, respect public order, and prevent abuse of unequal bargaining power and protect each spouse from abuse of power in making such contracts. These protective measures may include requiring that such agreements be written or subject to some other formal requirements and providing for retroactive invalidation or for financial or other remedies if the contract is found to be abusive. CEDAW, Gen. Rec. No. 29.