انعكاسات المادة 16 من اتفاقية سيداو على قيام الرابطة الزوجية و إنحلالها في قانون الأسرة الجزائري

الملخص EN

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) is considered the most important international document that guarantees equality between men and women in all fields.

Algeria has ratified it in 1996 with some reservations against certain articles like Article 16.

The Algerian legislator has tried, nonetheless, to include the principle of gender equality in its internal laws, something that has been emphasised after the 2005 amendment of the 1984's Family Law.

The Algerian legislator has actually been influenced by the provisions and texts of the convention which resulted in the introduction of the gender equality principle in the family institution.

This principle reveals itself predominantly in the establishing and dismantling of the marital bond, especially with regard to the age of marriage, consent, guardianship, and the right of a woman to opt for divorce, with 'khula' considered as an inherent right for her to break the marital bond.