Article 22 of the Belarusian Constitution states that all citizens are equal before the law. The new Penal Code, adopted in 2002, punishes all violations or limitations on rights and freedoms, as well as all preferential treatment based on race, ethnicity, language, origin, opinions or membership of a civil society organisation and which does significant harm to the rights, freedoms and legitimate interests of the citizen.
Belarus signed the optional Protocol referring to the Convention on the Elimination of All Forms of Discrimination against Women. This process was supplemented by the implementation of a range of programmes designed to improve women’s understanding of the law. In practice, however, violence against women remains a problem.
Belarusian women within the family are very well protected. Article 18 of the Marriage and Family Code sets 18 year as the legal age at which both men and women can marry. This can be lowered by a maximum of three years in the case of pregnancy or the emancipation of a minor. Thus, early marriage does occur, but is relatively uncommon. A 2004 United Nations report estimated that 6 per cent of girls in Belarus between 15 and 19 years of age were married, divorced or widowed.
Polygamy is not a common practice in Belarus and prohibited by law. The Marriage Code stipulates that parental authority is exercised equally by both spouses and that both parents have the same rights and responsibilities in relation to their children. Article 75 of the Marriage Code emphasises, for example, that parents are jointly responsible for educating their children.
There is no discriminatory legislation in the area of inheritance. Article 23 of the Marriage Code states that both spouses have equal rights to the ownership, tenure and disposal of the property acquired during the course of the marriage, without drawing any distinction on the source of the income used to acquire it.
Belarusian law protects the physical integrity of women to a relatively high degree. However, violence against women, in particular sexual violence such as rape, sexually motivated murder, sexual harassment and trafficking in women, remains a significant problem. According to a survey conducted in 2004 by the Committee on the Elimination of Discrimination against Women (CEDAW), one-third of Belarusian women have suffered domestic violence. The new Criminal Code, adopted in 2002, contained significant expansion of provisions for punishing sex-related crimes. Spousal rape is now considered a crime under Belarusian criminal law and the law on domestic violence appears to be effectively applied by the police and courts. Still, women remain reluctant to report domestic violence for fear of reprisals and social stigma. In addition, some traditional Belarusian cultural stereotypes result in a certain level of tolerance for violence against women.
Several crisis centres for women were opened in recent years, as part of the “Children of Belarus” programme and the National Action Plan for 2001-05 designed to promote equality between men and women. These centres provide assistance to women who have been victims of violence, including welfare services to both women and children. Various civil society organisations have also created similar centres.
There do not appear to be any cases of female genital mutilation in Belarus, nor any evidence to suggest that it is a country of concern in relation to missing women.
The law includes provisions to support the financial independence of Belarusian women. Belarusian legislation does not discriminate against women in relation to rights of ownership or access to land, access to property other than land, or access to bank loans. According to the US Department of State, the law is generally applied in practice.
Women in Belarus have a high degree of civil liberty. They are not subject to any restrictions on their freedom of movement or freedom of dress.
CEDAW (Committee on the Elimination of Discrimination against Women) (2003), Examen des rapports soumis par les États parties en vertu de l’article 18 de la Convention sur l’élimination de toutes les formes de discriminationà l’égard des femmes: Biélorussie, Quatrième, cinquième et sixième rapports périodiques des États parties, CEDAW/C/BLR/4-6, CEDAW, New York, NY.
CEDAW (2004), Committee on the Elimination of Discrimination against Women Thirtieth Session Concluding Comments: Belarus, CEDAW, New York, NY.
ECOSOC (United Nations Economic and Social Council) (2003), Integration of the Human Rights of Women and the Gender Perspective: Violence Against Women, Report of the Special Rapporteur on Violence Against Women, Its Causes and Consequences, Ms. Radhika Coomaraswamy, Submitted in Accordance with Commission on Human Rights Resolution 2002/52, E/CN.4/2003/75/Add.1, ECOSOC, New York, NY.
UNIFEM (United Nations Development Fund for Women) (2003), Not a Minute More: Ending Violence Against Women, UNIFEM, New York, NY.
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: Belarus, US Department of State, Bureau of Democracy, Human Rights and Labor, Washington, DC.
