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Latest items for IAD-LAW-1

June 28, 2018, 4:51 p.m.
Countries: Tanzania
Variables: IAW-LAW-1, IAD-LAW-1

". . . lack of access to ownership of land, as reflected in the low percentage of women who own land, and the existence of provisions in the land laws that do not address the issue of discriminatory inheritance practices against women" (page 14). "The Committee notes with appreciation that the State party has ratified the Optional Protocol to the Convention, but is concerned that its views concerning communication No. 48/2013, adopted under article 7 (3) of the Optional Protocol at its sixtieth session, in March 2015, regarding discriminatory customary inheritance laws in the State party, have not been implemented and that the State party has provided no information on...more
June 3, 2018, 5:28 p.m.
Countries: Russia
Variables: IAW-LAW-1, IAD-LAW-1

" The constitution and law provide that men and women enjoy the same legal status and rights under family, labor, property, and inheritance law and in the judicial system," (55).
May 29, 2018, 7:51 p.m.
Countries: Laos
Variables: IAW-PRACTICE-1, IAW-LAW-1, IAD-PRACTICE-1, IAD-LAW-1

"The law also prohibits discrimination in marriage and inheritance, although varying degrees of cultural-based discrimination against women persisted, with greater discrimination practiced by some ethnic minority groups in remote areas" (20).
May 29, 2018, 7:49 p.m.
Countries: Ireland
Variables: LO-LAW-1, IAW-LAW-1, IAD-LAW-1

"The law provides women the same legal status and rights as men, including rights under family law, property law, inheritance law, labor law, and in the judicial system" (13).
April 26, 2018, 3:28 p.m.
Countries: Norway
Variables: LO-LAW-1, IAW-LAW-1, IAD-LAW-1

"Women have the same legal status as men and enjoy identical rights under family, labor, property, inheritance, and nationality laws" (11).
April 25, 2018, 3:38 p.m.
Countries: Norway
Variables: LO-LAW-1, IAW-LAW-1, IAD-LAW-1

"Women have the same legal status as men and enjoy identical rights under family, labor, property, inheritance, and nationality laws" (11).
April 23, 2018, 7:43 p.m.
Countries: Vietnam
Variables: IAD-LAW-1

"Although the law provides for equal inheritance rights for men and women, women continued to face cultural discrimination" (41).
April 11, 2018, 9:23 a.m.
Countries: Burkina Faso
Variables: IAD-LAW-1

"With regard to inheritance law, article 741 of the Code stipulates that a surviving judicially separated spouse may not inherit her/his deceased spouse’s assets. That article is inconsistent with article 411 of the Code, under which in the event of separation the marital bond is maintained and so are the spouses’ rights and duties, except the obligation to reside together and support their children in common" (35).
April 4, 2018, 9:59 a.m.
Countries: East Timor
Variables: IAW-LAW-1, IAD-LAW-1

"That traditional inheritance systems continue to exclude women from land ownership" (14).
April 3, 2018, 10:42 p.m.
Countries: Madagascar
Variables: IAW-LAW-1, IAD-LAW-1

"The Committee reiterates its concern that . . . discriminatory practices regarding land ownership and the administration of property and inheritance continue to limit women ’s access to economic resources and financial services (see CEDAW/C/MDG/CO/5, para. 32); (b) That land tenure and rural development policies in the State party lack a gender perspective, and that, under Law No. 68 -012 (1968) relating to inheritance, co-heirs may agree that female heirs receive a lump sum instead of an equal share of inherited land . . . The Committee recommends that the State party: (a) Repeal discriminatory provisions in Law No. 68-012 (1968) and amend Law No. 2007-037 to eliminate all forms...more
March 30, 2018, 11:25 a.m.
Countries: India
Variables: IAD-LAW-1

"The Indian legal system recognizes women's legal right to inheritance" (109). "The property rights enshrined in the Hindu Succession Act of 1956 (as amended in 2005) testimonies the liberal progressive approach of Indian political system by placing female property rights at par with their male counterparts. This development of identifying daughter as a coparcener in father’s ancestral property is phenomenal" (109). "The ancient schools of inheritance governing succession in India were namely Mitakshara; along with regional variations into Banaras, Mithilia, Maharashtra and Dravidian schools and Dayabhaga; observed in Bengal and Assam. Generally the succession in Hindu Undivided Family (HUF) follows strict male lineage, where male members are coparceners with right...more
March 23, 2018, 1:50 p.m.
Countries: Burundi
Variables: IAD-LAW-1

"However, Burundian legislation still contains some outmoded laws and some matters have not been legislated. Nevertheless, reforms are under way. They have to do, in particular, with: 1) Inheritance, matrimonial regimes and gifts, which are still governed by customary law" (9). This indicates that there are currently no laws on inheritance rights of women (CODER COMMENT-BCT). "However, given the lack of a law on inheritance, marital property and gifts (SRML), women are restricted in their entitlement to legal remedy because the tendency is to resort to custom" (30). The lack of a law on inheritance implies that daughters are not legally able to inherit from their fathers (CODER COMMENT-BCT).more
March 20, 2018, 1:29 p.m.
Countries: Gambia
Variables: IAW-LAW-1, IAD-LAW-1

"The Committee notes that many provisions of the Convention have been incorporated into national law through the adoption of relevant legislation, in particular the Women’s Act in 2010. It remains concerned, however, that the legislation does not adequately address female genital mutilation, marital rape or child marriage. It also remains concerned about the constitutional provision under which the prohibition of discrimination does not apply in respect of adoption, marriage, divorce, burial and devolution of property upon death and the fact that these issues are regulated under personal law, which contains discriminatory provisions, some of which are re-enacted in the Women’s Act. The Committee recommends that the State party: (a) Harmonize...more
March 14, 2018, 12:08 p.m.
Countries: Swaziland
Variables: ERBG-LAW-1, MARR-LAW-1, IAW-LAW-1, IAD-LAW-1

"The Committee also notes with concern that a number of draft laws and policies with an important bearing on women’s rights, such as the bills on marriage, administration of estates, transnational crime, employment, legal aid, sexual offences and domestic violence and the land policy, are pending, with no specific time frame for their adoption" (page 2).
Feb. 28, 2018, 5:36 p.m.
Countries: Kenya
Variables: IAD-PRACTICE-1, IAD-LAW-1

"The Law of Succession Act discriminates against women in respect of inheritance rights. The Act’s basic provisions guarantee equal inheritance rights for male and female children, and the equal right to produce a will by both male and female parents. However, Sections 32 and 33 of the Act expressly exclude all agricultural land, cattle and crops from legislated inheritance and instead places their succession under the purview of customary law as specifically defined by the appropriate minister in Kenya’s official Gazette. For the aforementioned reasons, it is likely that decisions under these customary laws will discriminate against women and girls. In addition, rules governing ‘intestate’ succession create a hierarchy for...more
Feb. 23, 2018, 9:01 a.m.
Countries: India
Variables: IAD-LAW-1

"A Supreme Court bench said the amended Hindu Succession Act of 2005 stipulated that a daughter would be a 'coparcener' [one who shares equally in the inheritance of an undivided property] since birth, and have the 'same rights and liabilities' as a son. With the coming of the Hindu succession act in 2005, daughters got equal rights in their ancestral assets. Last week, the Supreme Court clarified that the law applies to all daughters, irrespective of whether they were born before or after the coming of the law" (para 1-2). "The court said that her (a daughter's) share in ancestral property could not be denied on the ground that she...more
Feb. 16, 2018, 9:12 a.m.
Countries: Oman
Variables: IAW-LAW-1, IAD-LAW-1

"The Committee remains concerned about...Persistent discrimination against women and girls in inheritance law, both as daughters and as widows" (17).
Jan. 17, 2018, 4:41 p.m.
Countries: Israel
Variables: IAW-LAW-1, IAD-LAW-1

"In inheritance, the rabbinical court authority is contingent on the consent of all parties involved. If one party objects to consideration of the case in the rabbinical courts, the case will be referred to the family courts or to the inheritance registrar" (12).
Dec. 26, 2017, 10:52 p.m.
Countries: Panama
Variables: MARR-LAW-5, IAD-LAW-1

"The law prohibits discrimination based on gender, and women enjoyed the same legal status and rights as men under family, labor, property, and inheritance law"(17)
Dec. 14, 2017, 3:23 p.m.
Countries: Egypt
Variables: IAW-LAW-1, IAD-LAW-1

"The Egyptian parliament passed a new Inheritance law Dec. 5 giving women their legitimate right to inheritance" (para 1). "Article 49 of the new law states that anyone who deliberately denies the heir, be it a man or a woman, their legal share of the inheritance or confiscates a document confirming this share shall be jailed for six months at least and be subject to a fine ranging between 20,000 Egyptian pounds ($1,122) at least and 100,000 pounds at most. In case of recidivism, the prison sentence shall be no less than one year" (para 2).
Dec. 7, 2017, 8:40 a.m.
Countries: India
Variables: LO-PRACTICE-1, IAW-LAW-1, IAD-LAW-1, AFE-PRACTICE-1

"When India provided women and men the same rights to inherit joint family property, families spent twice as much on their daughters’ education and women were more likely to have bank accounts" (para 10).
Dec. 7, 2017, 8:32 a.m.
Countries: Jordan
Variables: IAW-PRACTICE-1, IAW-LAW-1, IAD-PRACTICE-1, IAD-LAW-1

"in Jordan, a 2010 regulation tightened the procedures to transfer inheritance rights after countless women were pressured to waive rights to their full inheritance" (para 8).
Dec. 7, 2017, 8:30 a.m.
Countries: Tunisia
Variables: IAW-LAW-1, IAD-LAW-1

"In Tunisia, a female heir receives half as much inheritance as a male heir" (para 8).
Nov. 30, 2017, 1:15 p.m.
Countries: Bhutan
Variables: IAD-LAW-1

"Bhutan is traditionally matrilineal with daughters inheriting land and other assets from their mothers, and children being treated equally in inheritance laws"(25)
Nov. 30, 2017, 1:15 p.m.
Countries: Ecuador
Variables: IAD-LAW-1

"A recent study in Ecuador found that due to its community property regime and equal inheritance practices, the gender gap in asset ownership is almost absent (Deere and Diaz 2011)"(26)
Nov. 30, 2017, 12:02 p.m.
Countries: China
Variables: LO-LAW-1, IAD-PRACTICE-1, IAD-LAW-1

"Though the Marriage Law gave women the right to land within the household unit and the Agrarian Reform Law granted men and women equal rights to land in general, in much of rural PRC customary practices prevail. Sons, rather than widows or daughters, continue to be considered the natural heirs of land (OECD 2010, p. 25)"(25)
Nov. 29, 2017, 1:38 p.m.
Countries: India
Variables: IAD-PRACTICE-1, IAD-LAW-1

"In India, even after amendments introduced in 2005 to the Hindu Succession Act giving women equal rights to their natal family assets, women’s inheritance of property is rare. (The first reform of the Hindu Succession Act in 1956 guaranteed equal inheritance rights for sons and daughters, but exempted agricultural land [Ramachandran 2006, p. 4].)"(25)."Women tend to renounce their claim to their entitled natal property in order to maintain good social relations with their brothers. Additionally, women may accept a lump-sum payment in lieu of their property rights in order to preserve visitation rights to the parental home"(25)
Nov. 29, 2017, 10:09 a.m.
Countries: Bangladesh
Variables: IAW-LAW-1, IAD-LAW-1, DTCP-LAW-1

"Bangladesh, for instance, follows Muslim religious laws for inheritance, which stipulate that a daughter inherits one-half the share of her brother, a wife can claim one-eighth of the property, while a mother gets one-sixth (Ramachandran 2006)"(25)
Nov. 27, 2017, 3:37 p.m.
Countries: Iran
Variables: LO-PRACTICE-1, IAW-LAW-1, IAD-LAW-1

"[Women experience l]egal barriers to inheritance which deprive women from accessing their share of freehold land ownership" (para 10).
Aug. 23, 2017, 12:46 a.m.
Countries: Cuba
Variables: IAD-LAW-1

Article 38: Shared marital property ends with the termination of marriage. The estate is divided equally between spouses upon separation or between the survivor and the heirs of the deceased in case of death. ( WROLUCFW: P9) Intestate Succession: 1987 Civil Code, Act 59, amended with Decree-Law 140 in 1993: Articles 517 to 519: The surviving spouse receives the inheritance together with the descendants or the parents of the deceased. The surviving spouse receives a portion equal to that of descendents/parents. ...Probate succession: Articles 492 to 493: The establishment of specially protected heirs limits to half of the inheritance the exercise of the testator’s right and precludes the imposition of...more