A. Dominance of Guardians
The securing of the permission of a woman’s guardian is crucial in regard to education. A woman cannot take decisions in all matters relating to her without having permission from her guardian.
This permission is required for her to be able to pursue her education and in regard to her choice of specialisation. This allows guardians (whether father or husband) to prevent their daughters and wives from pursuing their education because there are not written rules or formal decisions clarifying the legislative and legal boundaries in relation to the issue of guardianship, and this causes the suffering of women in different areas (education, employment and so on). Currently, the requirement for a guardian’s permission affects many areas of women’s lives. For example, some hospitals demand the guardian’s permission before allowing women to have medical operations or enter or leave hospital.[1376] Such excessive dominance of women and curtailment thereby of their legal capacity violates Article 15 of CEDAW which stipulates:States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.[1377]
The parties are required to:
Agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void.[1378]
Women who have not legal capacity cannot dispose of their private affairs. In order to avoid this problem, the following solutions are suggested:
1. Issuance of legislation clarifying the limits of men’s dominance[1379] of women in all fields as well as clarifying the legal and legislative boundaries and following up on the execution of laws by the institutions.[1380]
2. Cancellation of all regulations, systems and instructions that require the permission of the guardian (in terms of the appropriate limitation of dominance) needs to be executed systematically and legislatively.
3. Issuance of provisions in the penal law relating to aggression against women or violation of their rights where the aggressor/ violator is the guardian and if the action is beyond the limits of dominance stipulated in the law or legislation.
4. Utilisation of the mass media to increase awareness of women’s rights and of protections legally available for them in regards to aggression.
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