Thursday, October 22, 2015

Feminism a la Quebec



Who knew? in the province of Quebec, a woman cannot change her name when she marries.

... in Quebec, since a 1981 reform of the civil law, women are not permitted to adopt their husband's name at marriage, not even if they apply for an official name change.
 Procedures for any formal name change are very strict in Quebec, and the decision is up the director of civil status. It requires a serious reason, such as difficulty of use due to spelling or pronunciation, or bearing a name that is mocked or that has been made infamous.
The civil law reform took place shortly after the creation of the Quebec Charter of Rights in which equality between men and women was clearly stated, said Alain Roy, a family law professor at the University of Montreal.
http://www.nationalpost.com/news/story.html?id=fc11876a-804c-40cd-9d9f-6825268d4937&k=54069

Well, c’est la loi as we say in French – this is the law and we have to obey it. The Quebecois married after April 2, 1981 do not have the right to change their names (article 393 of the Civil Code of Quebec).

I was myself very frustrated to find it out. In many countries for generations it is normal for the wife to take her husband’s name. Or at least she has this choice. Unlike most of the countries in the world and unlike the federal government of Canada, the laws of the Province of Quebec, based on the name stability principle, say that marriage is not a reason for changing your name and no matter how many times a person gets married, there is only one name that should be used, the one you are born with.
http://theblog.artim.ca/life-in-canada/taking-your-spouse%E2%80%99s-name-is-illegal-in-quebec/

The law doesn't seem that clear to me. #3 says      "Everyone is entitled to rights of personality, such as the right to life, inviolability and integrity of his person, the respect of his name, reputation and privacy." I presume this is the one that pertains to name changes.  Seems like this should be easy to challenge. 
http://ccq.lexum.com/ccq/fr#!fragment/art393

At the heart of it, this is so anti-family.



























 

1 comment:

Suzanne F. said...

Yep. I was compelled to keep my name from birth when I got married.