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 56

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