MOTION FOR A RECOMMENDATION on discrimination between men and women in the choice of a surname and in the passing on of parents' surnames to children

Doc. 7709
2 December 1996

MOTION FOR A RECOMMENDATION on discrimination between men and women in the choice of a surname and in the passing on of parents' surnames to children

presented by Mr MASSON and others

This motion has not been discussed in the Assembly and commits only the members who have signed it

1. Following the favourable opinion of its Committee on Legal Affairs and Human Rights, and on the basis of the joint report of Ms Lydie Err and Mr Jean-Louis Masson, the Assembly adopted Recommendation 1271 (1995), which deplores the maintenance by certain states of discrimination between men and women in the choice of a surname and in the passing on of parents' surnames to children.

2. This recommendation led to a reply by the Committee of Ministers emphasising that the case-law of the European Court of Human Rights had found against a government in a case relating to sexist discrimination in respect of the choice of a name (cf judgment of 22 February 1994 in the case of Burghartz v Switzerland). The reply of the Committee of Ministers accepts that each country has its own legal system, according to "local customs and traditions", but points out that such legal systems of their own must contain no discriminatory provisions.

3. The final paragraph of the reply of the Committee of Ministers states: "However, the maintenance of provisions discriminating between women and men with regard to the choice of a family name is not compatible with the principle of equality upheld by the Council of Europe. It is with this in mind that Parliamentary Assembly Recommendation 1271 (1995) has been transmitted to the governments of the Council of Europe member states".

4. The Assembly is consequently pleased to note the position clearly stated by the Committee of Ministers. It nevertheless takes the view that action must be taken on the basis of this position: it is not enough for the Committee of Ministers to transmit the recommendation and the reply to Council of Europe member states.

5. Bearing in mind the amount of time which has gone by, particularly since both the Council of Europe Resolution of 27 September 1978 on equality of spouses in civil law and the United Nations Convention on the Elimination of All Forms of Discrimination against Women of 18 December 1979, and also bearing in mind the fact that certain states have, in all this time, not even taken the very first step towards change, the Assembly recommends that the Committee of Ministers ask each member state to advise it of the period within which it undertakes to comply with the non-discrimination principles referred to above.

Signed: 1

Masson, France, EDG

Deniau, France, EDG

Err, Luxembourg, SOC

Galley, France, EDG

Gross, Switzerland, SOC

Jansson, Finland, LDR

Jeambrun, France, LDR

Jurgens, Netherlands, SOC

Mignon, France, EDG

Seitlinger, France, EPP

Tahiri, "the former Yugoslav Republic of Macedonia", EDG

1 ¹ SOC : Socialist Group

EPP : Group of the European People's Party

EDG : European Democratic Group

LDR : Liberal, Democratic and Reformers Group

UEL : Group of the Unified European Left