Latest items for IAD-PRACTICE-1
Sept. 7, 2023, 1:32 p.m.
Countries: Nepal
Variables: LO-LAW-1, ATDW-LAW-1, IAW-LAW-1, IAD-PRACTICE-1, IAD-LAW-1
"The law contains discriminatory provisions. For example, the law on property rights favors men in land tenancy and the division of family property. The constitution, however, confers rights for women that had not previously received legal protection, including rights equal to those of their spouses in property and family affairs, and special opportunities in education, health, and social security" (27). "The law grants women equal shares of their parents’ inheritance and the right to keep their property after marriage, but many women were not aware of their rights, and others were afraid to challenge existing practice. The law also grants widows complete access to and authority over the estate of...more
Variables: LO-LAW-1, ATDW-LAW-1, IAW-LAW-1, IAD-PRACTICE-1, IAD-LAW-1
"The law contains discriminatory provisions. For example, the law on property rights favors men in land tenancy and the division of family property. The constitution, however, confers rights for women that had not previously received legal protection, including rights equal to those of their spouses in property and family affairs, and special opportunities in education, health, and social security" (27). "The law grants women equal shares of their parents’ inheritance and the right to keep their property after marriage, but many women were not aware of their rights, and others were afraid to challenge existing practice. The law also grants widows complete access to and authority over the estate of...more
Sept. 6, 2023, 1:13 p.m.
Countries: Montenegro
Variables: LO-LAW-1, ATDW-PRACTICE-1, IAW-PRACTICE-1, IAD-PRACTICE-1
"The law provides for the same legal status and rights for women as for men. All property acquired during marriage is joint property. The government enforced these laws somewhat effectively. The NGO SOS noted, however, that women often had trouble in defending their property rights in divorce proceedings due to the widespread public belief that property belongs to the man. Sometimes women ceded their inherited property and inheritance rights to male relatives due to tradition and pressure from their families. Men consequently tended to be favored in the distribution of property ownership, sometimes limiting a woman’s options in the cases of domestic violence or divorce. Women continued to experience discrimination...more
Variables: LO-LAW-1, ATDW-PRACTICE-1, IAW-PRACTICE-1, IAD-PRACTICE-1
"The law provides for the same legal status and rights for women as for men. All property acquired during marriage is joint property. The government enforced these laws somewhat effectively. The NGO SOS noted, however, that women often had trouble in defending their property rights in divorce proceedings due to the widespread public belief that property belongs to the man. Sometimes women ceded their inherited property and inheritance rights to male relatives due to tradition and pressure from their families. Men consequently tended to be favored in the distribution of property ownership, sometimes limiting a woman’s options in the cases of domestic violence or divorce. Women continued to experience discrimination...more
Aug. 30, 2023, 3:33 p.m.
Countries: Macedonia
Variables: LO-PRACTICE-1, LO-LAW-1, IAW-PRACTICE-1, IAW-LAW-1, IAD-PRACTICE-1, IAD-LAW-1
"Women have the same legal status as men under family, religious, personal status, and nationality laws, as well as laws related to labor, property, nationality, inheritance, employment, access to credit, and owning or managing businesses or property. The laws were effectively enforced" (34).
Variables: LO-PRACTICE-1, LO-LAW-1, IAW-PRACTICE-1, IAW-LAW-1, IAD-PRACTICE-1, IAD-LAW-1
"Women have the same legal status as men under family, religious, personal status, and nationality laws, as well as laws related to labor, property, nationality, inheritance, employment, access to credit, and owning or managing businesses or property. The laws were effectively enforced" (34).
Aug. 30, 2023, 10:48 a.m.
Countries: Libya
Variables: IAD-PRACTICE-1, IAD-LAW-1
"Sharia rules of inheritance apply. Women have a right to inheritance, but in many cases receive less than men. Daughters receive half the share that sons receive" (9). "Libya acceded to the Convention on the Prevention of All Forms of Discrimination against Women (CEDAW) in 1989. Upon accession, the government entered the following reservations to CEDAW: 1. Article 2 shall be implemented with due regard for the peremptory norms of Islamic Sharia relating to determination of the inheritance portions of the estate of a deceased person, whether female or male" (10). "Inheritance is determined by Sharia principles, under which women have the right to inherit, but will generally inherit a...more
Variables: IAD-PRACTICE-1, IAD-LAW-1
"Sharia rules of inheritance apply. Women have a right to inheritance, but in many cases receive less than men. Daughters receive half the share that sons receive" (9). "Libya acceded to the Convention on the Prevention of All Forms of Discrimination against Women (CEDAW) in 1989. Upon accession, the government entered the following reservations to CEDAW: 1. Article 2 shall be implemented with due regard for the peremptory norms of Islamic Sharia relating to determination of the inheritance portions of the estate of a deceased person, whether female or male" (10). "Inheritance is determined by Sharia principles, under which women have the right to inherit, but will generally inherit a...more
July 27, 2023, 10:30 a.m.
Countries: Chad
Variables: LO-PRACTICE-1, LO-LAW-1, IAW-PRACTICE-1, IAW-LAW-1, IAD-PRACTICE-1, IAD-LAW-1
"Although property and inheritance laws provide the same legal status and rights for women as for men, the government did not enforce the laws effectively. Inheritance, property, and housing practices frequently discriminated against women due to cultural and religious elements present in many communities. Women often could not inherit property from their father or husband. Additionally, local leaders settled most inheritance disputes in favor of men, according to traditional practice. Women seeking to rent a house often had to prove they were married, while men were able often to rent without a similar burden. Women requesting divorce from men often faced a process that took three times as long as...more
Variables: LO-PRACTICE-1, LO-LAW-1, IAW-PRACTICE-1, IAW-LAW-1, IAD-PRACTICE-1, IAD-LAW-1
"Although property and inheritance laws provide the same legal status and rights for women as for men, the government did not enforce the laws effectively. Inheritance, property, and housing practices frequently discriminated against women due to cultural and religious elements present in many communities. Women often could not inherit property from their father or husband. Additionally, local leaders settled most inheritance disputes in favor of men, according to traditional practice. Women seeking to rent a house often had to prove they were married, while men were able often to rent without a similar burden. Women requesting divorce from men often faced a process that took three times as long as...more
July 15, 2023, 12:55 p.m.
Countries: Bahamas
Variables: IAW-PRACTICE-1, IAD-PRACTICE-1
"f an intestate person leaves behind a living spouse, the spouse will receive all of the estate's assets. If the intestate person has a spouse and a child or children, the spouse receives half of the estate and the children share the other half equally. The estate of an intestate person with no spouse but living children goes to the children in equal shares" (para 2). "The Inheritance Act does not permit stepchildren to inherit unless they are formally adopted. Any children born outside a marriage who seek to inherit would need to provide proof of paternity or maternity, such as a birth certificate. Sometimes, the court may allow other...more
Variables: IAW-PRACTICE-1, IAD-PRACTICE-1
"f an intestate person leaves behind a living spouse, the spouse will receive all of the estate's assets. If the intestate person has a spouse and a child or children, the spouse receives half of the estate and the children share the other half equally. The estate of an intestate person with no spouse but living children goes to the children in equal shares" (para 2). "The Inheritance Act does not permit stepchildren to inherit unless they are formally adopted. Any children born outside a marriage who seek to inherit would need to provide proof of paternity or maternity, such as a birth certificate. Sometimes, the court may allow other...more
July 15, 2023, 12:38 p.m.
Countries: Austria
Variables: LO-PRACTICE-1, IAW-PRACTICE-1, IAD-PRACTICE-1
"The law provides the same legal status and rights for women and men, including under family, religious, personal status, and nationality laws, as well as in laws related to labor, property, inheritance, employment, access to credit and owning or managing businesses or property. The government enforced the law effectively" (11).
Variables: LO-PRACTICE-1, IAW-PRACTICE-1, IAD-PRACTICE-1
"The law provides the same legal status and rights for women and men, including under family, religious, personal status, and nationality laws, as well as in laws related to labor, property, inheritance, employment, access to credit and owning or managing businesses or property. The government enforced the law effectively" (11).
July 15, 2023, 10:26 a.m.
Countries: Argentina
Variables: IAW-PRACTICE-1, IAD-PRACTICE-1
"How do I Know Who are the Legitimate Heirs in a Succession? In Argentinian successions, the forced heirs are the primary lineal descendants and ascendants: children, parents’ grandchildren and grandparents... These people can not in any way be deprived from their inheritance rights through a will stating different intentions. Its 'legitimate' portion, which is four fifths of the estate, must be respected in every aspect. What is Considered the 'Legitimate Portion' in an Inheritance? It is the portion of the inheritance that by law belongs to the forced heirs. The testator can only have the percentage indicated by law given to a named individual without affecting the rightful portion of...more
Variables: IAW-PRACTICE-1, IAD-PRACTICE-1
"How do I Know Who are the Legitimate Heirs in a Succession? In Argentinian successions, the forced heirs are the primary lineal descendants and ascendants: children, parents’ grandchildren and grandparents... These people can not in any way be deprived from their inheritance rights through a will stating different intentions. Its 'legitimate' portion, which is four fifths of the estate, must be respected in every aspect. What is Considered the 'Legitimate Portion' in an Inheritance? It is the portion of the inheritance that by law belongs to the forced heirs. The testator can only have the percentage indicated by law given to a named individual without affecting the rightful portion of...more
July 14, 2023, 3:44 p.m.
Countries: France
Variables: LO-PRACTICE-1, IAD-PRACTICE-1
"The handicap of being a woman is also evident when it comes to transferring a family business. Bessière & Gollac emphasize how boys are given a special social status by their families from a very early age, which often predestines them to take over from their parent(s). The 'good heir', who has been prepared for this for a long time, is generally the oldest male. Daughters may be introduced to the business when they help out, but it is rare that they will acquire shares in the family business or become employees. Parents prefer to pass on their professional and managerial skills to a boy because they are more confident...more
Variables: LO-PRACTICE-1, IAD-PRACTICE-1
"The handicap of being a woman is also evident when it comes to transferring a family business. Bessière & Gollac emphasize how boys are given a special social status by their families from a very early age, which often predestines them to take over from their parent(s). The 'good heir', who has been prepared for this for a long time, is generally the oldest male. Daughters may be introduced to the business when they help out, but it is rare that they will acquire shares in the family business or become employees. Parents prefer to pass on their professional and managerial skills to a boy because they are more confident...more
July 13, 2023, 1:02 p.m.
Countries: Norway
Variables: IAW-PRACTICE-1, IAD-PRACTICE-1
"There is no information suggesting that property dispossession / grabbing is practiced or that there are discriminatory inheritance practices against women and girls in Norway" (4).
Variables: IAW-PRACTICE-1, IAD-PRACTICE-1
"There is no information suggesting that property dispossession / grabbing is practiced or that there are discriminatory inheritance practices against women and girls in Norway" (4).
July 12, 2023, 3:57 p.m.
Countries: Netherlands
Variables: IAW-PRACTICE-1, IAD-PRACTICE-1
"There is no information to suggest that property dispossession/grabbing is an issue in the Netherlands. There are no reports that indicate that there are customary, traditional or religious laws that promote discriminatory inheritance practices towards women and girls in the Netherlands" (4).
Variables: IAW-PRACTICE-1, IAD-PRACTICE-1
"There is no information to suggest that property dispossession/grabbing is an issue in the Netherlands. There are no reports that indicate that there are customary, traditional or religious laws that promote discriminatory inheritance practices towards women and girls in the Netherlands" (4).
June 28, 2023, 6:54 p.m.
Countries: Macedonia
Variables: IAD-PRACTICE-1
"Although Albanian laws guarantee women the right to property, experts warn that they are not always implemented, and together with the tradition that favours males in the inheritance of family property, a deep gap has been created between the numbers of women and men who own property in the country" (para 8). "Aurela Anastasi, a lecturer at the Law Faculty at the University of Tirana, told BIRN that the articles in the civil code governing inheritance foresee equal rights for men and women in Albania, but in practice there are two key obstacles that restrict a woman’s rights. 'The first restriction is due to the fact that in many cases...more
Variables: IAD-PRACTICE-1
"Although Albanian laws guarantee women the right to property, experts warn that they are not always implemented, and together with the tradition that favours males in the inheritance of family property, a deep gap has been created between the numbers of women and men who own property in the country" (para 8). "Aurela Anastasi, a lecturer at the Law Faculty at the University of Tirana, told BIRN that the articles in the civil code governing inheritance foresee equal rights for men and women in Albania, but in practice there are two key obstacles that restrict a woman’s rights. 'The first restriction is due to the fact that in many cases...more
June 27, 2023, 11:16 p.m.
Countries: Algeria
Variables: IAD-PRACTICE-1
"Women suffered from discrimination in inheritance claims and were entitled to a smaller portion of an estate than male children or a deceased husband’s brothers" (29).
Variables: IAD-PRACTICE-1
"Women suffered from discrimination in inheritance claims and were entitled to a smaller portion of an estate than male children or a deceased husband’s brothers" (29).
June 21, 2023, 2:05 p.m.
Countries: Venezuela
Variables: IAW-PRACTICE-1, IAD-PRACTICE-1
"There are no customary, religious, or traditional practices or laws that discriminate against daughters and female surviving spouses’ legal rights to inherit" (3).
Variables: IAW-PRACTICE-1, IAD-PRACTICE-1
"There are no customary, religious, or traditional practices or laws that discriminate against daughters and female surviving spouses’ legal rights to inherit" (3).
June 20, 2023, 1:15 p.m.
Countries: Dominican Republic
Variables: IAW-PRACTICE-1, IAD-PRACTICE-1
"There is no evidence of customary, religious, or traditional practices or laws that discriminate against daughters and female surviving spouses" (4). Regarding inheritance (JLR-CODER COMMENT).
Variables: IAW-PRACTICE-1, IAD-PRACTICE-1
"There is no evidence of customary, religious, or traditional practices or laws that discriminate against daughters and female surviving spouses" (4). Regarding inheritance (JLR-CODER COMMENT).
June 20, 2023, 11:09 a.m.
Countries: Vanuatu
Variables: LO-PRACTICE-1, LO-LAW-1, IAW-PRACTICE-1, IAW-LAW-1, IAD-PRACTICE-1, IAD-LAW-1
"Although the law does not prohibit women from owning or inheriting property or land, tradition generally bars women from land ownership or property inheritance. Women were slowly emerging from a traditional culture characterized by male dominance, but women continued to experience discrimination in access to employment, credit, and pay equity for substantially similar work. The Department of Women’s Affairs worked with regional and international organizations to increase women’s access to the formal justice system and educate women regarding their rights under the law, holding multiple open workshops throughout the year that coincided with public holidays to encourage participation at the local community level" (11).more
Variables: LO-PRACTICE-1, LO-LAW-1, IAW-PRACTICE-1, IAW-LAW-1, IAD-PRACTICE-1, IAD-LAW-1
"Although the law does not prohibit women from owning or inheriting property or land, tradition generally bars women from land ownership or property inheritance. Women were slowly emerging from a traditional culture characterized by male dominance, but women continued to experience discrimination in access to employment, credit, and pay equity for substantially similar work. The Department of Women’s Affairs worked with regional and international organizations to increase women’s access to the formal justice system and educate women regarding their rights under the law, holding multiple open workshops throughout the year that coincided with public holidays to encourage participation at the local community level" (11).more
June 19, 2023, 12:08 p.m.
Countries: Kyrgyzstan
Variables: LO-PRACTICE-1, IAW-PRACTICE-1, IAD-PRACTICE-1, ATFPA-PRACTICE-2
"Despite the initial gender equality of land distribution, traditional practices and women’s low legal literacy emerged as major contributors to the decline in women’s land rights. Land is viewed as an important family asset and is controlled by male family members. There are longstanding beliefs, which are shared by women, that men should hold and manage land because they are responsible for providing for the family. Upon marriage, women typically leave their family lands to their father or brothers and access land through her husband’s family. Further reductions in women owned land is due to inheritance practices to leave land only to sons. Women are also subject to losing land...more
Variables: LO-PRACTICE-1, IAW-PRACTICE-1, IAD-PRACTICE-1, ATFPA-PRACTICE-2
"Despite the initial gender equality of land distribution, traditional practices and women’s low legal literacy emerged as major contributors to the decline in women’s land rights. Land is viewed as an important family asset and is controlled by male family members. There are longstanding beliefs, which are shared by women, that men should hold and manage land because they are responsible for providing for the family. Upon marriage, women typically leave their family lands to their father or brothers and access land through her husband’s family. Further reductions in women owned land is due to inheritance practices to leave land only to sons. Women are also subject to losing land...more
June 19, 2023, 9:32 a.m.
Countries: Kuwait
Variables: IAD-PRACTICE-1
"Gender inequality in the nationality laws is also creating statelessness. According to a 2019 report released by the UNHCR, Kuwait is one of only seven countries around the world that have nationality laws that create the greatest risk of statelessness due to gender inequality. According to a 2019 report released by the Ministry of Justice of Kuwait, 127 Kuwaiti women married stateless persons in 2018. Thus, the common issues faced by the children of Kuwaiti mothers are the temporary residency issue, difficulties in getting a job, as well as the challenge in inheriting the house after their Kuwaiti mother passes away" (para 7).
Variables: IAD-PRACTICE-1
"Gender inequality in the nationality laws is also creating statelessness. According to a 2019 report released by the UNHCR, Kuwait is one of only seven countries around the world that have nationality laws that create the greatest risk of statelessness due to gender inequality. According to a 2019 report released by the Ministry of Justice of Kuwait, 127 Kuwaiti women married stateless persons in 2018. Thus, the common issues faced by the children of Kuwaiti mothers are the temporary residency issue, difficulties in getting a job, as well as the challenge in inheriting the house after their Kuwaiti mother passes away" (para 7).
June 17, 2023, 11:31 a.m.
Countries: Uzbekistan
Variables: IAW-LAW-1, IAD-PRACTICE-1, IAD-LAW-1
"The right to property and to inheritance is guaranteed by the Constitution of Uzbekistan under article 36 as fundamental economic and social rights... The Gender and Land rights database indicates that, as a result, inheritance is typically transferred from father to son" (3-4).
Variables: IAW-LAW-1, IAD-PRACTICE-1, IAD-LAW-1
"The right to property and to inheritance is guaranteed by the Constitution of Uzbekistan under article 36 as fundamental economic and social rights... The Gender and Land rights database indicates that, as a result, inheritance is typically transferred from father to son" (3-4).
June 17, 2023, 11:14 a.m.
Countries: Uzbekistan
Variables: IAD-PRACTICE-1
"When inheriting property, preference in the family is given to the male part, while the daughter is considered to belong to the husband’s family, and it is assumed that kelin (the traditional institution of a daughter-in-law in Uzbekistan) must remain in the husband’s house" (para 20).
Variables: IAD-PRACTICE-1
"When inheriting property, preference in the family is given to the male part, while the daughter is considered to belong to the husband’s family, and it is assumed that kelin (the traditional institution of a daughter-in-law in Uzbekistan) must remain in the husband’s house" (para 20).
June 13, 2023, 10:54 a.m.
Countries: Ukraine
Variables: IAW-PRACTICE-1, IAW-LAW-1, IAD-PRACTICE-1, IAD-LAW-1
"The law provides daughters with the same rights as sons to inherit land and non-land assets (Civil Code, art. 1261). Similarly, female surviving spouses are entitled the same rights as male surviving spouses to inherit land and non-land assets (Civil Code, art. 1261)... There is no legal discrimination regarding inheritance rights and there are no practices that may restrict those rights" (3).
Variables: IAW-PRACTICE-1, IAW-LAW-1, IAD-PRACTICE-1, IAD-LAW-1
"The law provides daughters with the same rights as sons to inherit land and non-land assets (Civil Code, art. 1261). Similarly, female surviving spouses are entitled the same rights as male surviving spouses to inherit land and non-land assets (Civil Code, art. 1261)... There is no legal discrimination regarding inheritance rights and there are no practices that may restrict those rights" (3).
June 4, 2023, 2:03 p.m.
Countries: Turkey
Variables: LO-PRACTICE-1, LO-DATA-1, IAD-PRACTICE-1
"Official figures by the Directorate General of Land and Cadastre points to the obvious in Turkey; that is to say, male ownership of properties is higher than that of female ownership. Sixty-three percent of men are holders of title deeds to more than 57 million plots of land, including business places and independent housing units, compared to just 37 percent of female title deed holders. The figures are the reflection of a male-dominated, patriarchal mindset where women's right to ownership is limited and the majority of property families own are traditionally left as inheritance to male members of families" (para 1). "Although women have equal rights to ownership of title...more
Variables: LO-PRACTICE-1, LO-DATA-1, IAD-PRACTICE-1
"Official figures by the Directorate General of Land and Cadastre points to the obvious in Turkey; that is to say, male ownership of properties is higher than that of female ownership. Sixty-three percent of men are holders of title deeds to more than 57 million plots of land, including business places and independent housing units, compared to just 37 percent of female title deed holders. The figures are the reflection of a male-dominated, patriarchal mindset where women's right to ownership is limited and the majority of property families own are traditionally left as inheritance to male members of families" (para 1). "Although women have equal rights to ownership of title...more
May 31, 2023, 4:46 p.m.
Countries: Kosovo
Variables: IAW-PRACTICE-1, IAD-PRACTICE-1
"There are only a few of us women here in Kosovo who own property. The reasons are many: Some of us are not employed and do not have enough capital to purchase any property, so inheritance remains the only way to obtain it. Some have not inherited anything. Some of us adhere to patriarchal traditions regarding the role of women in society, and we choose to renounce our inheritance in favor of male heirs in the family. The final result is that women in Kosovo own a disproportionately small share of property. But the situation is slowly changing. Rina Shabani, 17, is a high school student and a member of...more
Variables: IAW-PRACTICE-1, IAD-PRACTICE-1
"There are only a few of us women here in Kosovo who own property. The reasons are many: Some of us are not employed and do not have enough capital to purchase any property, so inheritance remains the only way to obtain it. Some have not inherited anything. Some of us adhere to patriarchal traditions regarding the role of women in society, and we choose to renounce our inheritance in favor of male heirs in the family. The final result is that women in Kosovo own a disproportionately small share of property. But the situation is slowly changing. Rina Shabani, 17, is a high school student and a member of...more
May 31, 2023, 1:42 p.m.
Countries: Kenya
Variables: LO-LAW-1, ATDW-PRACTICE-1, ATDW-LAW-1, IAW-LAW-1, IAD-PRACTICE-1, IAD-LAW-1
"The constitution prohibits gender discrimination in relation to land and property ownership and gives women equal rights to inheritance and access to land. The constitution also provides for the enactment of legislation for the protection of wives’ rights to matrimonial property during and upon the termination of a marriage, and it affirms parties to a marriage are entitled to equal rights at the time of marriage, during the marriage, and at its dissolution. In September a judge presiding over a matrimonial property dispute ruled being a housewife should be considered a full-time job. The judge ruled it was unfair for courts to rule that housewives do not contribute to household...more
Variables: LO-LAW-1, ATDW-PRACTICE-1, ATDW-LAW-1, IAW-LAW-1, IAD-PRACTICE-1, IAD-LAW-1
"The constitution prohibits gender discrimination in relation to land and property ownership and gives women equal rights to inheritance and access to land. The constitution also provides for the enactment of legislation for the protection of wives’ rights to matrimonial property during and upon the termination of a marriage, and it affirms parties to a marriage are entitled to equal rights at the time of marriage, during the marriage, and at its dissolution. In September a judge presiding over a matrimonial property dispute ruled being a housewife should be considered a full-time job. The judge ruled it was unfair for courts to rule that housewives do not contribute to household...more
May 30, 2023, 11:44 a.m.
Countries: Kazakhstan
Variables: IAW-PRACTICE-1, IAD-PRACTICE-1
"There are no reports of discriminatory practices towards women in relation to the inheritance of land and property" (3).
Variables: IAW-PRACTICE-1, IAD-PRACTICE-1
"There are no reports of discriminatory practices towards women in relation to the inheritance of land and property" (3).
May 27, 2023, 3:35 a.m.
Countries: Tunisia
Variables: ATDW-PRACTICE-1, IAD-PRACTICE-1
"...[I]f all the land a woman has is from her husband, a divorce can leave her with nothing, said Ahmed Mbarki, a lawyer in Kasserine. Tunisian divorce law provides for an equal split of property acquired during the marriage, but that applies only to residences, not land. Even so, 'the husband will try to get around it,' said Mbarki" (para 19-20). "'The land is always in the hands of the man, the husband, the father. If there is a divorce - and there are many - the husband gives nothing to his wife.' Mbarki has also seen many inheritance cases where women willingly give up their rights to a portion...more
Variables: ATDW-PRACTICE-1, IAD-PRACTICE-1
"...[I]f all the land a woman has is from her husband, a divorce can leave her with nothing, said Ahmed Mbarki, a lawyer in Kasserine. Tunisian divorce law provides for an equal split of property acquired during the marriage, but that applies only to residences, not land. Even so, 'the husband will try to get around it,' said Mbarki" (para 19-20). "'The land is always in the hands of the man, the husband, the father. If there is a divorce - and there are many - the husband gives nothing to his wife.' Mbarki has also seen many inheritance cases where women willingly give up their rights to a portion...more
May 23, 2023, 1:41 p.m.
Countries: Jordan
Variables: IAW-PRACTICE-1, IAD-PRACTICE-1
"A patriarchal pattern of power dominates both inheritance and property in Jordan. This pattern affects women, but also the youth - which is much less studied. While the inheritance rights of women are formally enshrined in the constitution, in Islamic law (Sharia), female heirs continue to face social pressure to renounce their rights in favor of male heirs. Only one fourth of Jordanian women entitled to property inheritance receive it fully. Elder sons decide of the fate of the father, not always following the Sharia law. However, positive trends are appearing with the mobilisation of women's rights activists, and the fact that women are less renouncing to their rights. In...more
Variables: IAW-PRACTICE-1, IAD-PRACTICE-1
"A patriarchal pattern of power dominates both inheritance and property in Jordan. This pattern affects women, but also the youth - which is much less studied. While the inheritance rights of women are formally enshrined in the constitution, in Islamic law (Sharia), female heirs continue to face social pressure to renounce their rights in favor of male heirs. Only one fourth of Jordanian women entitled to property inheritance receive it fully. Elder sons decide of the fate of the father, not always following the Sharia law. However, positive trends are appearing with the mobilisation of women's rights activists, and the fact that women are less renouncing to their rights. In...more
May 23, 2023, 11:35 a.m.
Countries: Japan
Variables: IAD-PRACTICE-1
"Traditionally in Japan, inheritance always went to the eldest son—the one burdened with taking care of elderly parents until their deaths. However, since the end of the war, very specific laws have been implemented which dictate how, in the absence of Will, an estate should be distributed. It follows a certain calculation that even accommodates illegitimate children in the distribution. Nevertheless, in some remote areas of Japan, the old inheritance system is still present in the minds of locals. This creates a definite clash of cultures when patriarchs pass on, and often these situations lead to an uncle or an aunt preventing you from getting your share of the inheritance"...more
Variables: IAD-PRACTICE-1
"Traditionally in Japan, inheritance always went to the eldest son—the one burdened with taking care of elderly parents until their deaths. However, since the end of the war, very specific laws have been implemented which dictate how, in the absence of Will, an estate should be distributed. It follows a certain calculation that even accommodates illegitimate children in the distribution. Nevertheless, in some remote areas of Japan, the old inheritance system is still present in the minds of locals. This creates a definite clash of cultures when patriarchs pass on, and often these situations lead to an uncle or an aunt preventing you from getting your share of the inheritance"...more
May 22, 2023, 12:16 p.m.
Countries: Jamaica
Variables: IAW-PRACTICE-1, IAD-PRACTICE-1
"According to the FAO Gender and Land Rights Database, family land in Jamaica is normally inherited equally between the sexes without issue" (3).
Variables: IAW-PRACTICE-1, IAD-PRACTICE-1
"According to the FAO Gender and Land Rights Database, family land in Jamaica is normally inherited equally between the sexes without issue" (3).
May 18, 2023, 2:05 p.m.
Countries: Italy
Variables: IAW-PRACTICE-1, IAD-PRACTICE-1
"The law provides women equal inheritance rights as wives (Civil Code, Art. 581-585), and daughters (Civil Code, Art. 565) to inherit land and non-land assets. Since January 2014 a new law (D.Lgs. 154/2013) removed previous discrimination towards children born outside of marriage. Previously, the law distinguished between ‘legitimate children’ born from parents legally married to each other and ‘illegitimate children’, or those born from unmarried parents. Now all children inherit equally. The Italian Civil Code also gives qualified status to some family members by granting them a forced share (quota legittima), this includes the surviving spouse who, as such, cannot be disinherited (Civil Code, Article 536). There is nothing in...more
Variables: IAW-PRACTICE-1, IAD-PRACTICE-1
"The law provides women equal inheritance rights as wives (Civil Code, Art. 581-585), and daughters (Civil Code, Art. 565) to inherit land and non-land assets. Since January 2014 a new law (D.Lgs. 154/2013) removed previous discrimination towards children born outside of marriage. Previously, the law distinguished between ‘legitimate children’ born from parents legally married to each other and ‘illegitimate children’, or those born from unmarried parents. Now all children inherit equally. The Italian Civil Code also gives qualified status to some family members by granting them a forced share (quota legittima), this includes the surviving spouse who, as such, cannot be disinherited (Civil Code, Article 536). There is nothing in...more