Research Report
Polygyny and Canada's Obligations under
International Human Rights Law
September 2006
[ Table of
Contents | Next ]
Prepared by:
Rebecca J.
Cook, M.P.A., J.D., J.S.D., F.R.S.C.
Faculty Chair in International
Human Rights
Co-Director, International Reproductive and Sexual Health
Law Programme
and
Lisa M. Kelly, B.A., J.D.
candidate
Faculty of Law, University of Toronto
Presented to:
Family,
Children and Youth Section
Department of Justice Canada
The views expressed in this report are
those of the authors and do not necessarily represent the views of the
Department of Justice Canada.
Aussi
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© Her Majesty the Queen in Right of Canada, represented by the Minister
of Justice and Attorney General of Canada, 2006
Table of Contents
I. INTRODUCTION
II. HARMS
OF POLYGYNY
A. Polygyny
as a Form of Patriarchy
B. The
Harm of Non-Exclusivity
C. Harms
Arising from Competitive Co-Wife Relationships
D. Mental
Health Harms Associated with Polygyny
E. Sexual
and Reproductive Health Harms
F. Economic
Harms
G. Harms
to the Enjoyment of one's Citizenship
H. Harms
to Children of Polygynous Unions
III. POLYGYNY
AS A VIOLATION OF INTERNATIONAL HUMAN RIGHTS LAW
A. International
Treaty and Convention Law
B. Family
Life
1. The
Right to Equality within Marriage and the Family
2. The
Right to Private and Family Life
3. The
Right to be Free from All Forms of Stereotyping
4. The
Right to Exercise Free and Full Consent in Choosing a Spouse and
Entering into Marriage
C. Security
1.
The Right to be Free from All Forms of Violence
2.
Women's Rights to be Free from Inhuman and Degrading
Treatment
3.
The Right to the Highest Attainable Standard of Health
4.
Women's Rights to be Free from Slavery
5.
The Right to an Adequate Standard of Living
D. Citizenship
1. The
Right to Receive and Impart Information
2. The
Right to Education
3. Women's
Rights to Religious Freedom
4. Women's
Rights to Enjoy Their Culture
IV. ARGUABLE
LIMITS ON WOMEN'S RIGHTS
A. The
Right to Freedom of Religion and Right to Non‑discrimination on Grounds
of Religion/Ethnicity
B. The
Right to Enjoy One's Culture
C. The
Right to Respect for One's Private and Family Life
V. STATE
PRACTICE AND OPINIO JURIS
A. Outright
Prohibition
1. Australia
2. Belgium,
France, Luxembourg, and Switzerland
3. Canada
4. United
Kingdom
5. United
States
6. Tunisia
7. Turkey
B. Restrictions
on Polygyny
1. Notice
Requirements
2. Permission
Requirements
3. Polygyny
in Parallel Judicial Systems
VI. MEANS
CHOSEN TO PROHIBIT POLYGYNY
A. Challenges
of Transition
1. Transitional
Challenges for States Moving to Prohibit Polygyny
2. Transitional
Challenges for Individuals Leaving Polygynous
Unions
B. Balancing
a Respect for Cultural and Religious Contexts with the Protection of
Individual Human Rights
VII. FOSTERING
COMPLIANCE WITH EQUALITY RIGHTS IN MARRIAGE AND THE FAMILY
A. Improved
Dialogue
B. Canadian
Obligations under International Human Rights Law
1. Presumption
of Compliance
2. Values
and Principles of a Free and Democratic Society
C. Monitoring
of Canada's Obligations under the Women's Convention
1. Reporting
Mechanism under the Women's Convention
2. Use
of the Communications Procedure under the Optional Protocol of the
Women's Convention
3. Use
of the Inquiry Procedure under the Optional Protocol of the Women's
Convention
D.
Monitoring of Canada's Obligations under the Political Covenant and the
Children's Convention
1. The
Human Rights Committee (HRC)
2. The
Committee on the Rights of the Child
(CRC)
VIII. CONCLUSION
REFERENCES
ENDNOTES | 
