The Soviet period had a significant influence on the position of women in Armenia: the regime sought to emancipate women in many ways. It promoted education and work outside the home, made mutual consent a requirement for marriage, banned dowries that effectively put a price on women, and gave women the right to inherit and own land. These policies contradicted the traditions of a patriarchal society that considered women to be “minors” throughout their lives. Since Armenia became independent, traditional values have experienced a resurgence and some of the achievements previously gained have been undermined.
Family law provides Armenian women with a relatively high degree of equality within the family context. It sets the minimum age for marriage at 18 years for men and 17 for women. In exceptional cases, the minimum age can be lowered by dispensation to 16 years. Early marriage is quite frequent, however, and most women aspire to be married. A Demographic and Health Survey (DHS) conducted in 2005 showed that 17 per cent of women aged 18 were married, divorced or widowed. In a 2004 United Nations report, this figure was reported to be 9 per cent for girls between 15 and 19 years of age. Marriage requires the free consent of both spouses and the marriage must be recorded by a registrar. Registration is automatic in the case of civil weddings, but many couples marry in the church without registering.
In general, polygamy has not been a common practice in Armenia.
The law on marriage establishes equality between the spouses in all areas, including parental authority. The 2005 DHS survey on the independence of Armenian women showed that this principle usually applies in reality. Armenian law sets forth two procedures for divorce. If all children have reached the age of majority and there is no dispute over property, couples can divorce by mutual consent. Otherwise, the case is brought before the courts, which award custody based on the best interests of the children. In accordance with cultural traditions, the courts often impose a period of reconciliation. The Family Code states that assets belonging to the divorcing parties should be divided equally. In many cases, the regulation is not applied, either because the marriage was not recorded by a registrar or because the woman signed a prenuptial agreement forfeiting her right to the application of the law. It should be noted that Armenian tradition is generally hostile to divorce. As a result, many women remain married even though they may be subjected to conflict or domestic violence.
Women have the same inheritance rights as men, but often face difficulties recording property titles for inherited land.
Armenian women have a low degree of protection for their physical integrity. Violence against women is common and seems to be accepted by a proportion of the population. In the absence of a national survey, it is difficult to measure the incidence of violence. Moreover, most violent incidents are not recorded by the police and some sources suggest that the authorities discourage women from lodging complaints. Many women who do file complaints often subsequently withdraw them because of pressures exerted by their parents or husbands, and fears about breaking up their family or not being able to survive on their own. Being a very poor country, Armenia offers little assistance for divorced women in need. Some NGOs have established centres to help victims of violence, but they cannot adequately fill the gaps arising from the lack of state help.
Armenia has no specific laws against domestic violence, and the penalties against violence in general are extremely weak. The harshest punishment is two weeks in prison or an insignificant fine. Furthermore, corruption is widespread within the police, and among judges and the doctors who act as expert witnesses in court. Consequently, wealthy men who abuse women or beat their wives have the possibility to avoid punishment by paying off the right people.
Sexual harassment is also widespread in Armenia. To date, there are no specific laws against it, and Armenians do not appear to support judicial intervention in this area.
There is no evidence to indicate that female genital mutilation is practised in Armenia or that it is a country of concern in relation to missing women.
Armenian law supports the principle of financial independence for women. Under the law, women and men have the same access to land. In practice, the percentage of female property owners is low because women who work tend to earn much less than men, and many women are not employed at all. The government of Armenia privatised land in 1991/92 by splitting it amongst households. Land ownership was awarded to the head of the family, regardless of gender. This means that, in reality, women can access land only in the absence of a male head of the family. Women play an important role in agriculture, and often have to manage their farms alone due to a high level of male emigration.
Access to bank loans is regulated by the banking laws, which provide women with the same rights as men.
Armenian women have a high degree of civil liberty. Legally, women and men have the same levels of freedom of movement and freedom of dress. However, patriarchal traditions can work against these freedoms. Some men exercise control over how their wives spend their time, and require them to wear certain types of clothing. Such behaviour is against the law, but some women accept it to avoid being beaten by their husbands.
CEDAW (Committee on the Elimination of Discrimination against Women) (1999), Consideration of Reports Submitted by States Parties Under Article 18 of the Convention on the Elimination of All Forms of Discrimination against Women: Armenia, Second Period Report of States Parties, CEDAW/C/Arm/2, CEDAW, New York, NY.
Minnesota Advocates for Human Rights (2000), Domestic Violence in Armenia, Minnesota Advocates for Human Rights, Minneapolis. National Statistical Service [Armenia], Ministry of Health [Armenia] and ORC Macro (2006), Armenia Demographic and Health Survey 2005, National Statistical Service, Ministry of Health, and ORC Macro, Calverton, MD.
UN (United Nations) (2004), World Fertility Report 2003, UN Department of Economic and Social Affairs, Population Division, New York, NY.
US Department of State (2007), Country Reports on Human Rights Practices: Armenia, US Department of State, Bureau of Democracy, Human Rights and Labor, Washington, DC.
