h. Ensure that all spouses enjoy the same rights in case of separation, divorce or
annulment of marriage or other form of family partnership. In this regard, States
shall ensure that:
1.
separation, divorce or annulment of a marriage or other form of family
partnership shall be effected by judicial order;
2.
all partners shall have the same rights to seek separation, divorce or
annulment of a marriage or other form of family partnership;
3.
in case of separation, divorce or annulment of marriage or other form
of family partnership, all spouses shall have reciprocal rights and
responsibilities towards their children, placing the best interests of the
children at the centre of any decision made;
4.
in case of separation, divorce or annulment of marriage or other form
of family partnership, all spouses shall have the right to an equitable
sharing of the joint property deriving from the marriage or family
partnership;
i.
Ensure that monogamy is encouraged as the preferred form of marriage and
that the rights of women in marriage and family, including in polygamous
marital relationships, are promoted and protected.
j.
Ensure that both spouses have equal rights in respect of the ownership,
acquisition, management, administration, enjoyment and disposal of property,
whether free of charge or for a valuable consideration.
k. Ensure that the spouses shall, by mutual agreement, choose their matrimonial
regime and place of residence.
l.
Ensure that individuals are able to freely determine the number and spacing of
their children
m. Ensure that spouses shall jointly contribute to safeguarding the interests of the
family, protecting and educating their children.
n. Ensure the rights of pregnant mothers to paid maternity leave or social
security.xxxviii Specific measures should be taken in favour of working mothers
who are self-employed or participating in a family enterprise, especially in
agriculture or in small crafts and trades, including adequate guarantees against
loss of income;
Children
o. Provide assistance to spouses to care for and maintain their children in the
case of their partner’s death or absence;
p. Ensure, save where the welfare of the children or any member of the family is
threatened, protection from undue interference in the life of the family. Children
should be cared for and protected by their parents, with support from the state,
and should not be separated from their parents unless it is in their best interests
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