Legislation

Article 19 of the Code states that life begins at conception. Article 20 presumes, unless there is evidence to the contrary, that the maximum duration of pregnancy is 300days and the minimum duration is 180 days, excluding the day of birth. Article 21 mandates that the rights and obligations of the person conceived or implanted in the woman are irrevocably acquired if the child is born alive. If the child is not born alive, the person is deemed to have never existed. The presumption is that a person is born alive.

The Election Law promotes women’s participation in political and public life by mandating that every candidates list shall include candidates of male and female gender. There must be at least 40% female candidates.  English translation available from RefWorld here.

The Political Constitution of Peru (the “Constitution”) has several articles that directly and indirectly support women’s rights and gender justice. The Constitution recognizes that the supreme purpose of society and the State is to defend and respect the dignity of human beings (Article 1).

On April 28, 2012, the State Council of China issued the Special Rules on the Labor Protection of Female Employees (the “Rules”). These Rules aim to reduce and address the difficulties encountered by women at work due to sex-based physical differences and to protect women’s health. The Rules require employers to improve the labor safety facilities and reduce health concerns.

The 2011 Amendments to the Jamaican Constitution specifically enumerated a “right to freedom from discrimination on the ground of . . . being male or female.”  The amendments also guaranteed a number of fundamental rights and freedoms, including the right to be free from inhuman or degrading treatment and torture, and protection of the right to own property, receive an education, vote, and speak freely.

Under Pennsylvania law, a divorce can be either “fault-based” or “no-fault.” Grounds for a “fault-based” divorce include the following: abandonment (unmoving spouse has left the home) without a reasonable cause for a period of one or more years; adultery; cruel and barbarous treatment (unmoving spouse has treated movant in a way that puts his/her life or health at risk); bigamy (movant’s spouse married movant without first divorcing his/her spouse); imprisonment for two or more years; or movant’s spouse has acted in a way that made movant’s life unbearable or extremely difficult.

Pennsylvania is an equitable distribution state, which means the court will “equitably and fairly” divide, distribute, or assign the marital property between the parties, regardless of marital misconduct. “Marital property” generally means all property acquired by either spouse during the marriage. All property acquired by a spouse during their marriage is presumed to be marital property regardless of how title is held.

The determination of the nature, amount, and duration of alimony is based on the court’s weighing of several factors. Among the factors considered by the court in its alimony determination are the following: (1) the relative earnings of the parties; (2) the ages and the physical, mental, and emotional conditions of the parties; (3) the sources of income of both parties, including, but not limited to, medical, retirement, insurance, or other benefits; (4) the expectancies and inheritances of the parties; (5) the duration of the marriage; (6) the contribution by one party to the edu

In making custody and visitation decisions, Pennsylvania courts look to various factors in determining what is in the “best interest of the child.” The factors weighed by the court include: (1) the well-reasoned preference of the child, based on the child’s maturity and judgment; (2) the need for stability and continuity in the child’s education, family life and community life; (3) which parent is more likely to foster a relationship between the noncustodial parent and the child; (4) each parent’s history of violent or abusive conduct; and (5) specific criminal convictions.

This statute provides for Protection From Abuse Orders (“PFA Orders”). These PFA Orders act as a safeguard to victims and their children from a family/household member who is abusing them. The Protection from Abuse Act also provides for absolute confidentiality between a victim and a domestic violence counselor/advocate to encourage open and honest dialogue.