Ar pažeidžiamas lyčių lygybės principas, jei moters padėtis šeimoje nustatoma remiantis musulmoniškų kraštų Šariato teise? ; Wether the principle of gender equality is violated if womens family rights is determined in accordance witch Sharia law?

Abstract

Equality before the law, protection of the human rights and non-discrimination are considered as core set of human rights norms and must form the whole legal system. Equality means that all people are born free and equal, have same rights and are equally respected and valued both in family and society. In accordance with the principle of equality of all people are equal in their natural rights and dignity, so no one should be denied human rights on grounds of nationality, ethnicity, race, religion, gender, age, language, sexual orientation, disability, political or other opinion which are based on other discriminatory basis. The principle of equality is inherent in the principle of non-discrimination which it complements and includes general and basic human rights. Non-discrimination principle in fact implies that there must be equality of rights between men and women in all spheres of life. Although the protection of human rights receive growing attention in the international community, however, there is still a concern for women's rights, not always welcomed by Muslim countries and not meeting the standard of international human rights, especially in areas that are closely associated with the Muslim religion and culture. In this work the possibility of Sharia law compatibility with international human rights standards is analysed. It will be focusing on the situation of women in family relationships through marriage and divorce institutions that affect the realization of women's rights and especially their equal status with men. Topic of the Master thesis twas selected because the status of woman in society is usually highly debated question. On the other hand increasing emigration and growing number of mixed marriages noticeable in these days, resultin the mix of cultures, traditions and legal environments more frequently and this leads to the need to know foreign legal systems. The main goal - to determine whether there is a breach of the principle of gender equality women's family rights is determined in accordance with Sharia law. In order to achieve this goal this work will analyze the definition of gender equality and the conditions of its application. It will also analyze the situation of women in the family at the international level. The second part of the Master tehsis focuses on the situation of women in family under Shariah law, and declarations on human rights in Muslim countries. The third part deals with the limits of the obligations of state to protect women rights in family and compatibility of the provisions of Sharia law and international law regulating the status of women in the family. The study proves the hypothesis that the principle of gender equality is violated if women's family rights is determined in accordance with existing Sharia law. 6