Abstract:
This study was entitled “The Convention of the Elimination of All Forms of Discrimination Against Women and its Implications for the Algerian Family Law” and it aimed to show the extent to which the Algerian family legislator was affected by the provisions of this widely controversial convention, especially in its recent amendment to the family law promulgated by Order 02/05, which was clearly evident especially in the matter of marriage and divorce. Indeed, the reflection of the agreement was great in this part, as substantial amendments were introduced to it, whether related to the provisions of marriage and divorce or their effects, and that was considered before as a form of taboos which may not be violated or modified, as long as the reference in it, is a religion that is suitable for all time and place. This study shows that despite the importance of some amendments introduced by the Algerian legislator to the provisions of marriage and divorce and their effects based on the clauses of the CEDAW agreement and the demands of its committee, it has opened some doors for itself which were indispensable, especially in those amendments in which the role of Islamic law was completely dropped. In codifying them, he relied exclusively on the provisions of the convention, the most important of which are: guardianship, discipline, divorce by the wife's sole will ... etc. These amendments came in accordance with the provisions of Article (16) of the convention dealing with the family rights of women, despite the legislator’s reservations on this article, but it turns out that this reservation is only a formality, since the legislator has almost activated most of the provisions of this article in The Algerian family law, which foretells that Algeria is preparing to withdraw its reservation, following a step-by-step policy, and if this is indeed done, Algeria will fall into a dilemma, since the CEDAW agreement is a secular international instrument aimed at permitting all that is unacceptable and lifting all barriers and restrictions, it permits illegal relations, confesses the son of adultery, abolishes ""El-Iida"" waiting period, obliges the woman to spend, unifies the position of the sexes in equality and not justice, eliminates all differences between women and men, gives women leadership over the family, approves adoption, breaks the intentions of marriage, opens women's appetite for divorce, destroys the family and disintegrates society. These are matters that the Algerian Muslim community considers a kind of delirium, and are in no way capable of being realized.
