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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
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
C. SECURITY
1. The Right to be Free from All Forms of Violence
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
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
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
1. The Human Rights Committee (HRC)
2. The Committee on the Rights of the Child (CRC)
VIII. CONCLUSION
REFERENCES
ENDNOTES
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Polygyny & Canada's Obligations Under Intl. Human Rights Laws

Polygyny & Canada's Obligations Under Intl. Human Rights Laws

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In analyzing Canada’s commitments under international human rights law, this report will consider Canada’s obligations to respect freedom of religion as well as guarantee equality
between men and women. Although polygyny, as practised in Canada and elsewhere, engages freedom of religion arguments, it is important to note the distinction at law between religious belief and religious practice.
In analyzing Canada’s commitments under international human rights law, this report will consider Canada’s obligations to respect freedom of religion as well as guarantee equality
between men and women. Although polygyny, as practised in Canada and elsewhere, engages freedom of religion arguments, it is important to note the distinction at law between religious belief and religious practice.

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Published by: jrwilson-kgolagano4940 on Mar 11, 2010
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10/24/2011

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