Abolition of the Domicile of Dependence for Married Women: Law Drafting Instructions

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A decision made on 23 June 2021

Decision Reference: MD-HA-2021-0053
Decision Summary Title :	Instructions for Law Drafting – abolition of the domicile of dependence for married women		Date of Decision Summary:	17 June 2021
Decision Summary Author:	Senior Policy Officer		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Law Drafting Instructions Abolition of the domicile of dependence for married women v1.3		Date of Written Report:	17 June 2021
Written Report Author:	Senior Policy Officer		Written Report: Public or Exempt?	Public
Subject: Issue of law drafting instructions to abolish the customary law rule for the domicile of dependence for married women
Decision(s): The Assistant Minister for Home Affairs authorised officers in the Department for Strategic Policy, Planning and Performance to liaise with the Principal Legislative Drafter to request the preparation of draft amendment legislation.
Reason(s) for Decision: Law drafting is required to abolish the customary law rule that a wife’s domicile is that of her husband. This is necessary due to the UK’s ratification of the Convention on the Elimination of Discrimination Against Women (CEDAW) being extended to this jurisdiction earlier this year. When the Island’s authorities requested extension, the request was conditional on a number of reservations being entered, including in relation to Article 15(4) of CEDAW which provides – “States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence in domicile.” These law drafting instructions introduce statutory provisions to which will afford married women in Jersey the right to choose their domicile.
Resource Implications: There are no manpower or financial implications arising from this decision.
Action required: Senior Policy Officer to liaise with the Principal Legislative Drafter, Legislative Drafting Office to request that amendment legislation be drafted.
Signature:		Position: Deputy Gregory Guida Assistant Minister for Home Affairs
Date Signed:		Date of Decision (If different from Date Signed):