53. Lastly, he argues that the application does not seek to challenge patrilineal
filiation but to balance the child’s filiation with regard to the father and mother
which, in his view, was not the case, since Article 6 of the Law of 24 August
2004 implies that women are subordinate to men, whereas women
participate in the conception, birth and upbringing of children.
***
54. The Court recalls that the Applicant alleges a violation of Articles 3 and 18(3)
of the Charter, Article 2 of the Maputo Protocol, Article 3 of the ICCPR, and
Articles 2 and 16(1) of the CEDAW, owing to Article 6(1)(3) and (4) of the
Law of 24 August 2004,16 which, in his view, favours men to the detriment
of women, as the man is the only one entitled to give the child his surname.
55. The Court notes, in the present case, that on 25 July 2023, the Applicant
transmitted to the Registry a copy of Law 2021-13 of December 20, 2021
amending and supplementing Law No. 2002-07 of 24 August 2004 on the
Individual and Family Code.
56. The Court observes that Article 6 of the new Law of 30 December 2021,
which the Applicant filed, enshrines equality between men and women with
regard to the child’s surname, as both parents are able to choose the child's
surname, which could be the father’s surname, the mother’s surname or
both their surnames as they wish.17
16
This article states that "A legitimate child shall bear the surname of its father... In the event of
simultaneous recognition by both parents, the child bears its father's name. If the father is the last to
recognize the child last, the child will take its father's name”.
17 The new Article 6 states: “When filiation is established with regard to both parents, under the
conditions laid down by the present Code, they shall choose the surname to be given to the child: either
the father's surname or the mother's surname, or their two surnames together in the order chosen by
them [...].
In the event of disagreement between the father and mother [...], when filiation is established
simultaneously, the child takes both their names [...]”.
15