section_path: History/Coverture and other marriage regulations
section_name: Coverture and other marriage regulations
paragraph_text: Coverture and other marriage regulations
  
  Until the 20th century, U.S. and English law observed the system of coverture, where "by marriage, the husband and wife are one person in law; that is the very being or legal existence of the woman is suspended during the marriage". U.S. women were not legally defined as "persons" until 1875 (Minor v. Happersett, 88 U.S. 162). A similar legal doctrine, called marital power, existed under Roman Dutch law (and is still partially in force in present-day Eswatini).
  
  Restrictions on married women's rights were common in Western countries until a few decades ago: for instance, French married women obtained the right to work without their husband's permission in 1965, and in West Germany women obtained this right in 1977. During the Franco era, in Spain, a married woman required her husband's consent (called permiso marital) for employment, ownership of property and traveling away from home; the permiso marital was abolished in 1975. In Australia, until 1983, a married woman's passport application had to be authorized by her husband.
  
  Women in parts of the world continue to lose their legal rights in marriage. For example, Yemeni marriage regulations state that a wife must obey her husband and must not leave home without his permission. In Iraq, the law allows husbands to legally "punish" their wives. In the Democratic Republic of Congo, the Family Code states that the husband is the head of the household; the wife owes her obedience to her husband; a wife has to live with her husband wherever he chooses to live; and wives must have their husbands' authorization to bring a case in court or initiate other legal proceedings.
  
  Abuses and discriminatory practices against women in marriage are often rooted in financial payments such as dowry, bride price, and dower. These transactions often serve as legitimizing coercive control of the wife by her husband and in giving him authority over her; for instance Article 13 of the Code of Personal Status (Tunisia) states that, "The husband shall not, in default of payment of the dower, force the woman to consummate the marriage", implying that, if the dower is paid, marital rape is permitted. In this regard, critics have questioned the alleged gains of women in Tunisia, and its image as a progressive country in the region, arguing that discrimination against women remains very strong there.
  
  The World Organisation Against Torture (OMCT) has recognized the "independence and ability to leave an abusive husband" as crucial in stopping mistreatment of women. However, in some parts of the world, once married, women have very little chance of leaving a violent husband: obtaining a divorce is very difficult in many jurisdictions because of the need to prove fault in court. While attempting a de facto separation (moving away from the marital home) is also impossible because of laws preventing this. For instance, in Afghanistan, a wife who leaves her marital home risks being imprisoned for "running away". In addition, many former British colonies, including India, maintain the concept of restitution of conjugal rights, under which a wife may be ordered by court to return to her husband; if she fails to do so, she may be held in contempt of court. Other problems have to do with the payment of the bride price: if the wife wants to leave, her husband may demand the return of the bride price that he had paid to the woman's family; and the woman's family often cannot or does not want to pay it back.
  
  Laws, regulations, and traditions related to marriage continue to discriminate against women in many parts of the world, and to contribute to the mistreatment of women, in particular in areas related to sexual violence and to self-determination regarding sexuality, the violation of the latter now being acknowledged as a violation of women's rights. In 2012, Navi Pillay, then High Commissioner for Human Rights, stated that:
  
  Women are frequently treated as property, they are sold into marriage, into trafficking, into sexual slavery. Violence against women frequently takes the form of sexual violence. Victims of such violence are often accused of promiscuity and held responsible for their fate, while infertile women are rejected by husbands, families and communities. In many countries, married women may not refuse to have sexual relations with their husbands, and often have no say in whether they use contraception... Ensuring that women have full autonomy over their bodies is the first crucial step towards achieving substantive equality between women and men. Personal issues—such as when, how and with whom they choose to have sex, and when, how and with whom they choose to have children—are at the heart of living a life in dignity.