By Keyword
Marital
Belize
Roches v. Wade, (April 30, 2004)
Supreme Court of Belize
Keywords: Discrimination-Gender/Sex; Marital Status
Brief Summary: The applicant was dismissed from her post as a teacher in a Roman Catholic School upon the grounds that she failed to "live according to Jesus' teaching on marriage and sex"--namely, the applicant was pregnant yet not married at the time of her dismissal. Applicant instituted this case against the Managing Authority of Catholic Public Schools alleging that her dismissal amounted to sexual discrimination in violation of the Belize Constitution.
CEDAW: The court acknowledged that Belize had an affirmative duty to eliminate discrimination against unmarried pregnant women as a signatory to CEDAW. Specifically, Article 11, paragraph (2) subparagraph (a) of CEDAW states that "In order to prevent discrimination against women on the grounds of marriage or maternity and to ensure their effective right to work, State Parties shall take appropriate measures: To Prohibit...dismissal on the grounds of pregnancy or of maternity leave and discrimination in dismissals on the basis of marital status." The court therefore held that respondant's actions were in violation of CEDAW, and to allow the action to stand would result in a material breach of Belize's obligations under CEDAW.
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India
Githa Hariharan & Anor v. Reserve Bank of India & Anorand, (February 17, 1999)
Supreme Court of India
Keywords: Discrimination-Gender/Sex, Marital Status, Religion
Brief Summary: Challenge to Hindu law which held that a mother could be the guardian of a child "after" the father. The court resolved the situation by holding that "after" did not exclusively mean death but could include a variety of situations.
CEDAW: The court stated, "India is a signatory to CEDAW...[t]he interpretation...placed on s6(a) gives effect to the principles contained in these instruments. The domestic courts are under an obligation to give due regard to international conventions and norms for construing domestic laws when there is no inconsistency between them."
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Namibia
Mllr v. President of the Republic of Namibia and Another, (May 21, 1999)
Supreme Court, Namibia
Keywords: Discrimination-Gender/Sex, Marital Status
Brief Summary:The case involves a male who immigrated to Namibia and sought to assume the surname of his wife. While a wife was able to assume the surname of her husband without difficulty, the inverse was not true. Plaintiff was denied relief and appealed. The court held that such procedures were necessary in order to ensure proper administration by the state.
CEDAW:Appellant relied on CEDAW in order to demonstrate the discriminatory nature of the laws in question. The court dismissed CEDAW stating that "[s]uch Conventions are of course subject to the Constitution and cannot change the situation."
Full Text (LEXIS ONLY)
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New Zealand
Coburn v. Human Rights Commission, (June 3, 1994)
High Court, Auckland
Keywords: Discrimination-Gender/Sex, Marital Status; Other
Brief Summary: The court examined whether a particular retirement benefits scheme was discriminatory within the meaning of the Human Rights Act 1993.
CEDAW: CEDAW mentioned as relevant in determining the meaning of the Human Rights Act 1993.
Full Text (LEXIS ONLY)
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