Discrimination between women and men in the choice of a surname and the passing on of parents’ surnames to children

Doc. 8247

28 October 1998

Discrimination between women and men in the choice of a surname and the passing on of parents’ surnames to children

Recommendation 1362 (1998)

Reply from the Committee of Ministers

adopted at the 645^th meeting of the Ministers’ Deputies (15 and 18 October 1998)

The Committee of Ministers has examined in detail Parliamentary Assembly Recommendation 1362 (1998) on discrimination between women and men in the choice of a surname and the passing on of parents’ surnames to children.

The Committee of Ministers recalled that in its reply to Recommendation 1271 (1995) of the Parliamentary Assembly on the same subject, adopted at the 562nd meeting of the Ministers' Deputies (1-3 April 1996, item 4.6), it had noted that “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.”

The Committee of Ministers has also taken into consideration its Resolution (78) 37 on equality of spouses in civil law and its Recommendation No. R (85) 2 on legal protection against sex discrimination.

It shares the views of the Parliamentary Assembly in Recommendation 1362 (1998) according to which discrimination between men and women in this area should be remedied.

The Committee of Ministers has transmitted Recommendations 1362 (1998) and 1271 (1995) to the European Committee on Legal Co-operation (CDCJ) and to the Steering Committee for Equality between Women and Men (CDEG). The CDCJ and the CDEG have been requested to examine the situation in detail and to suggest action to be taken within a reasonable time scale.