The procedure for which maintenance orders may be obtained for (a) legitimate and (b) illegitimate children in a jurisdiction of choice.

Discuss the procedure for which maintenance orders may be obtained for (a) legitimate and (b) illegitimate children in a jurisdiction of choice.

(b)   What arguments support the distinction?

 In your readings, the Fiji Law Reform Commission had this to say about the distinction:-

“the United Nations Conventions such as CEDAW and CRC demand that such discriminatory laws be removed. More importantly, Article 38(2)(a) of the Fiji 1997 Constitution prohibits discrimination on the basis of birth and therefore requires the removal of the distinction between legitimate and illegitimate children.” (Fiji Law Reform Commission)

(c)    What reforms would you recommend to perhaps alleviate or remove this distinction altogether?

 Refer to statute law and case law to support your answers.

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