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The evolution of marriage law: why did Switzerland only achieve gender equality in 1985?
The definition and legal status of marriage varies among many cultures and countries, particularly with respect to the rights and obligations of spouses. When we delve deeper into these issues, we are surprised to find that some countries are moving very slowly towards gender equality reforms. Switzerland is a prime example; the country did not achieve legal gender equality in marriage until 1985.
In many societies, male spouses are afforded rights and obligations that are distinct from those of female spouses, including control over marital property and the right to decide on child custody.
Historically, marriage has often been structured on the basis of patriarchy, which gives men greater rights and decision-making power in the family than women. Switzerland has been slow to achieve gender equality despite reforms to marriage laws in many other countries during the 20th century. Before 1985, women's legal status in marriage was still severely restricted.
Although France gave married women the right to work without their husbands’ permission in 1965 and abolished male supremacy over the family in 1970, Switzerland had to wait until 1985 for significant legal changes. The reform eliminated the unequal rights of spouses in property and child management. All these changes did not happen overnight, but were a slow and persistent struggle.A 1985 referendum ensured women legal equality with men in marriage, and new laws came into effect in 1988.
In various marriage laws, there are still many places that continue the privileges of male spouses, such as Article 1105 of the Iranian Civil Code, which stipulates that the husband has the sole leadership position in the family.
In places like Taiwan, the rights of men and women in marriage are already protected, but in some countries, such as Iran, the male spouse is regarded by law as the absolute head of the family, which restricts women. This situation highlights the contradiction between the law and actual social relations.
In many Western countries, the circumstances of divorce have evolved and the laws surrounding it have changed accordingly. Nowadays, many countries have introduced the concept of no-fault divorce, which allows spouses to dissolve their marriage without any fault. However, this is not the case in some religiously influenced countries, where divorce procedures are restricted and even so-called family obligations become an obstacle to divorce.
In some areas, once the dowry is paid, the wife is considered the property of the husband and his family, making divorce very difficult.
Women in marriage often face strong social and cultural pressure. Taking some parts of Africa as an example, once women get married, they are inevitably associated with childbirth and family responsibilities. This fertility-oriented culture limits their reproductive choices and significantly increases the risk of threats and coercion for women who use contraceptives.
When it comes to marriage choices, different countries have different traditions and laws. From free love, arranged marriage to forced marriage, various forms of marriage choices still exist. In some cultures, a forced marriage is considered a void or voidable marriage, while in other countries, forcing someone to marry is a crime.
This legal background and social culture make us think: As global awareness of human rights increases, how will future marriage laws evolve further to promote true gender equality?
