Legal cases

Müller and Engelhard v. Namibia

Legal case |
Müller and Engelhard v. Namibia

 

(Communication No. 919/2000), CCPR/C/74/D/919/2000

Subject:

Article 26 – discrimination on the ground of sex, equality before the law, objective and reasonable justification, family, ensure equality of rights and responsibilities of spouses as to marriage

Namibian legislation required a husband to apply to the authorities for authorisation to change his surname to that of his wife, while allowing a wife to assume her husband`s surname without any formalities.

Conclusion:

Violation of Article 26 (discrimination on the ground of sex): According to the Human Rights Committee a long-standing tradition cannot be maintained as a general justification for different treatment of men and women.

(Paragraphs 6.8, 7)

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