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

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