The most comprehensive compilation of information on the status of
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Latest items for IAW-LAW-1

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: IAW-LAW-1

"The Indian legal system recognizes women's legal right to inheritance" (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 of survivorship whereas women (widowed or mothers in case of minor male heirs) usually work as caretakers of the property" (109). "The [Hindu Succession Act of 1956] also converted the limited estate provided to widowed women into absolute one" (109).
March 23, 2018, 1:50 p.m.
Countries: Burundi
Variables: IAW-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 wives are not legally allowed to inherit from their husbands (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).
March 9, 2018, 8:49 a.m.
Countries: Saudi Arabia
Variables: IAW-LAW-1

"Regarding inheritance, the Islamic Sharia guarentees the right of a man and woman to inherity. It sets out rules regulating matters of inheritance, the entitlement of each heir based on the heir's status and degree of kinship to the testator and the duties of the heir to the family. In certain cases, a man may inherit more than a woman. In other cases, a woman may inherit more than a man. In other cases, the share of the man is equal to the share of the woman...If a man inherits more than a woman, the man is required to provide maintenance of the woman, whereas a woman is not required ...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).
Feb. 14, 2018, 11:45 a.m.
Countries: Palestine
Variables: IAW-LAW-1

"A widow may also inherit such benefits and compensation from her deceased pensioner husband" (57). "a wife has a fixed share of her deceased husband’s inheritance, which is one eighth if she there are children or grandchildren by the son. (Children are considered to include sons, daughters and children of a son.) If there are no children, the wife gets one fourth of the inheritance. The wife is entitled to take her dowry and all debts out of the inheritance prior to it being distributed to any of the other heirs, even if that debt absorbs the entire inheritance" (71).
Jan. 30, 2018, 6:23 p.m.
Countries: Australia
Variables: CLCW-PRACTICE-1, LO-LAW-1, IAW-LAW-1, AFE-LAW-1

"The law provided for the same legal status and rights for women as for men, including under laws related to family, labor, property, nationality, and inheritance, as well as employment, credit, pay, owning and/or managing businesses, education, and housing" (15).
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: LO-PRACTICE-1, LO-DATA-3, IAW-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. The law recognizes joint property in marriages"(17)
Dec. 15, 2017, 10:34 a.m.
Countries: Zimbabwe
Variables: LO-LAW-1, IAW-LAW-1

"The dispossession of old women continues despite laws that, on paper, protect them from predatory in-laws" (para 5). "The laws restraining in-laws only apply to women who can prove that they were married. But as many as 80% of marriages in the countryside are 'customary' and not registered in writing anywhere, so widows going to court to enforce their rights end up having to ask their in-laws to confirm that they were indeed married" (para 6). "Solving the problem is not a question of passing new legislation but of extending the rule of written laws" (para 8).
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, 9:46 p.m.
Countries: Ecuador
Variables: IAW-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. 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).
Oct. 26, 2017, 11:51 a.m.
Countries: Nepal
Variables: LO-LAW-1, IAW-LAW-1

"The frail looking 45-year-old woman [widow] has no documents to prove her rights to her husband’s property in the ancient town of Sankhu"(para 3)."She [Lily Thapa, chief of Women for Human Rights] said many widows lacked documents to claim their dead husband’s property"(para 9)."[Lily] Thapa says several discriminatory laws and policies have been amended in recent years. For example, a widow who remarries no longer needs to return her deceased husband’s property"(para 27)
Aug. 23, 2017, 12:46 a.m.
Countries: Cuba
Variables: IAW-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. If there are no descendents/parents, the spouse is entitled to receive the entire inheritance, and if one of them should die during the process of divorce, the survivor retains ...more
July 6, 2017, 8:57 a.m.
Countries: Tanzania
Variables: LO-LAW-1, IAW-LAW-1, CONST-LAW-1

"Even though Tanzania's constitution guarantees equal rights to own property, customary law which often takes precedence, especially in rural areas, states that widows have no right to inherit from their husbands" (para 4).
July 5, 2017, 10:07 p.m.
Countries: Somalia
Variables: LO-LAW-1, ATDW-LAW-1, ADCM-LAW-1, IAW-LAW-1

"similar to other customary land regimes in Africa, land is always in the name (and control) of male members of the family. Describing the practices in their home areas, displaced women in Somaliland explained that all land and property belonged to the men; “a married woman cannot own land.” Generally, women were also unable to inherit land, and the few that reported receiving an inheritance said that it could not be in the form of land. Their testimony corroborates other observations from southern Somalia: [I]n terms of inheritance practices in southern Somalia at least, Besteman reported that “contrary to Islamic practice, when a man died, his widow and daughters had ...more
July 5, 2017, 10:04 p.m.
Countries: Somalia
Variables: LO-LAW-1, IAW-LAW-1

"Notably, key Islamic legal materials generally support women’s right to acquire, hold, use, administer, and dispose of property. Sait explains: Muslim women—unmarried, married, divorced, or widowed—have extensive independent rights to property under Islamic law and human rights. There is explicit recognition in the Koran of women’s rights to property acquired through purchase, inheritance, mahar (property transferred to the wife from the husband as security for marriage), and other transactions. There are no restrictions on the property a Muslim woman can purchase out of her earnings, on the gifts she may receive from her natal family or her husband’s family, or on the endowment she may enjoy as a beneficiary of ...more
July 5, 2017, 10 p.m.
Countries: Somalia
Variables: LO-LAW-1, ADCM-LAW-1, IAW-LAW-1

"The Provisional Constitution for the Federal Republic of Somalia, the Constitution of Puntland, and the Constitution of Somaliland, are all based on and cannot contravene Shari’a; thus, Islamic rights and a significant part of customary norms as pertains to women’s HLP rights are the same throughout the country. These include family laws (in particular laws related to marriage and divorce), inheritance laws, and land and property laws. Such laws determine who has control over assets, who has the ability to make economic decisions in their own name, and who can own, administer, transfer or inherit property. In general, all three constitutions affirm women’s rights to equality before the law, the ...more
June 12, 2017, 2:39 p.m.
Countries: Morocco
Variables: LO-LAW-1, IAW-LAW-1, IAD-LAW-1

"...the threat to the communal lands intensified in 2004 when it signed the Morocco Free Trade Agreement with the United States. The agreement increased the economic incentive to privatize and develop traditional lands. About 35 percent of Morocco’s land is designated as Sulaliyyate, the Interior Ministry says. In 1919, while Morocco was still a French protectorate, management of the land was transferred to the ministry from the tribal authorities, with the idea of discouraging migration from rural areas to the cities. Under this system, while people did not own the land, they were given the right to work designated plots and take their share of the harvest. Shares in the ...more
May 11, 2017, 10:57 a.m.
Countries: Switzerland
Variables: IAW-PRACTICE-1, IAW-LAW-1

"The Committee is further concerned that laws governing inheritance of property often prevent widows from inheriting farms in the event of their husband’s death” (14).
April 21, 2017, 11:32 a.m.
Countries: Gabon
Variables: IAW-LAW-1

“When a woman is widowed, she may inherit from her husband only if she has written permission from her late husband’s family” (482).
March 7, 2017, 6:17 p.m.
Countries: Central African Rep
Variables: IAW-LAW-1, IAD-LAW-1

“CAR [Central African Republic] family law does not discriminate against women with regard to inheritance rights" (6).