Latest items for IAW-PRACTICE-1
March 30, 2023, 12:18 p.m.
Countries: Central African Rep
Variables: LO-PRACTICE-1, LO-LAW-1, IAW-PRACTICE-1, IAW-LAW-1, IAD-PRACTICE-1, IAD-LAW-1
"The formal law does not discriminate against women in inheritance and property rights, but the government did not enforce the formal law effectively, and discriminatory customary laws often prevailed. Women’s statutory inheritance rights often were not respected, particularly in rural areas. Women experienced economic and social discrimination. Customary law does not consider single, divorced, or widowed women, including those with children, to be heads of households. By law men and women are entitled to family subsidies from the government, but several women’s groups complained of lack of access to these payments for women" (27).
Variables: LO-PRACTICE-1, LO-LAW-1, IAW-PRACTICE-1, IAW-LAW-1, IAD-PRACTICE-1, IAD-LAW-1
"The formal law does not discriminate against women in inheritance and property rights, but the government did not enforce the formal law effectively, and discriminatory customary laws often prevailed. Women’s statutory inheritance rights often were not respected, particularly in rural areas. Women experienced economic and social discrimination. Customary law does not consider single, divorced, or widowed women, including those with children, to be heads of households. By law men and women are entitled to family subsidies from the government, but several women’s groups complained of lack of access to these payments for women" (27).
March 30, 2023, 9:50 a.m.
Countries: Saudi Arabia
Variables: IAW-PRACTICE-1, IAD-PRACTICE-1
"Iqbal Dirndari [member of Saudi Arabia's consultative Shura council] said that some women in Saudi Arabia are still denied access to their inheritance shares by their male family members. 'The Islamic Sharia is keen to protect women’s inheritance rights. The state has also made efforts in this domain. However, we still see some women informally deprived of their inheritance shares at the hands of some family males who withhold those shares and give them [women] little or nothing, or force them to stop demanding their rights, or giving them up under coercion,' Iqbal said" (2-3).
Variables: IAW-PRACTICE-1, IAD-PRACTICE-1
"Iqbal Dirndari [member of Saudi Arabia's consultative Shura council] said that some women in Saudi Arabia are still denied access to their inheritance shares by their male family members. 'The Islamic Sharia is keen to protect women’s inheritance rights. The state has also made efforts in this domain. However, we still see some women informally deprived of their inheritance shares at the hands of some family males who withhold those shares and give them [women] little or nothing, or force them to stop demanding their rights, or giving them up under coercion,' Iqbal said" (2-3).
March 29, 2023, 12:22 p.m.
Countries: Congo
Variables: IAW-PRACTICE-1
"The Committee is seriously concerned...about...[w]idespread and systematic discrimination and violations of widows’ rights in the State party, in particular with regard to the right of inheritance" (12).
Variables: IAW-PRACTICE-1
"The Committee is seriously concerned...about...[w]idespread and systematic discrimination and violations of widows’ rights in the State party, in particular with regard to the right of inheritance" (12).
March 29, 2023, 12:11 p.m.
Countries: Congo
Variables: IAW-PRACTICE-1
"In reply to questions raised on the Republic of the Congo, civil society representatives explained that after the passing away of the husband, the widow was forced to leave the marital home with her children unless she re-married another man chosen by the family" (29).
Variables: IAW-PRACTICE-1
"In reply to questions raised on the Republic of the Congo, civil society representatives explained that after the passing away of the husband, the widow was forced to leave the marital home with her children unless she re-married another man chosen by the family" (29).
March 28, 2023, 3:41 p.m.
Countries: Cape Verde
Variables: IAW-PRACTICE-1, IAD-PRACTICE-1
"Difficulties women faced in marriage, family life, inheritance and divorce were not due to the legal framework, but to the prevalence of informal systems" (para 49).
Variables: IAW-PRACTICE-1, IAD-PRACTICE-1
"Difficulties women faced in marriage, family life, inheritance and divorce were not due to the legal framework, but to the prevalence of informal systems" (para 49).
March 27, 2023, 4:08 p.m.
Countries: Cameroon
Variables: IAW-PRACTICE-1, IAW-LAW-1
"Legislation does not limits women's inheritance rights but customary practices do, which by all standards contravenes national and international laws and human rights. Though customary law practices are contrary to the law, it is gaining grounds. In Achu v Achu, Ingish J posited that 'customary law does not countenance the sharing of landed property between the husband and wife on divorce'. This is because the wife is still regarded as the husband's property. In principle, upon breakdown of a marriage or death, the woman is considered as an object of inheritance. This practice is prevalent in Cameroon and it is perceived as a measure to control and maintain family property...more
Variables: IAW-PRACTICE-1, IAW-LAW-1
"Legislation does not limits women's inheritance rights but customary practices do, which by all standards contravenes national and international laws and human rights. Though customary law practices are contrary to the law, it is gaining grounds. In Achu v Achu, Ingish J posited that 'customary law does not countenance the sharing of landed property between the husband and wife on divorce'. This is because the wife is still regarded as the husband's property. In principle, upon breakdown of a marriage or death, the woman is considered as an object of inheritance. This practice is prevalent in Cameroon and it is perceived as a measure to control and maintain family property...more
March 27, 2023, 3:38 p.m.
Countries: Cameroon
Variables: IAW-PRACTICE-1
"Widows were sometimes forcibly married to one of their deceased husband’s relatives to secure continued use of property left by the deceased husband, including the marital home" (43). "The constitution provides women and men the same legal status and rights. The government, however, often did not enforce the law. In practice, women did not enjoy the same rights and privileges as men. Although local government officials claimed women had access to land in their constituencies, the overall sociocultural practice of denying women the right to own land, especially through inheritance, was prevalent in most regions. The government did not implement any official discriminatory policy against women in such areas as...more
Variables: IAW-PRACTICE-1
"Widows were sometimes forcibly married to one of their deceased husband’s relatives to secure continued use of property left by the deceased husband, including the marital home" (43). "The constitution provides women and men the same legal status and rights. The government, however, often did not enforce the law. In practice, women did not enjoy the same rights and privileges as men. Although local government officials claimed women had access to land in their constituencies, the overall sociocultural practice of denying women the right to own land, especially through inheritance, was prevalent in most regions. The government did not implement any official discriminatory policy against women in such areas as...more
March 24, 2023, 9:54 a.m.
Countries: Slovakia
Variables: IAW-PRACTICE-1, IAW-LAW-1, IAD-PRACTICE-1, IAD-LAW-1
"Surviving spouses and children enjoy equal rights to inheritance, irrespective of their sex (art. 473, par. 1 and 2 of the Civil Code). The right of a surviving spouse is mandated in the provisions of the Slovak Civil Code 2009 regulating the statutory devolution of successions (art. 473 et seq), based on four groups divided into heir classes. Succession may be based on a will (art. 461 of the Civil Code). If the will is contrary to statutory requirements, it is voidable (art. 479 Slovak Civil Code). There does not appear to be de facto discrimination" (3).
Variables: IAW-PRACTICE-1, IAW-LAW-1, IAD-PRACTICE-1, IAD-LAW-1
"Surviving spouses and children enjoy equal rights to inheritance, irrespective of their sex (art. 473, par. 1 and 2 of the Civil Code). The right of a surviving spouse is mandated in the provisions of the Slovak Civil Code 2009 regulating the statutory devolution of successions (art. 473 et seq), based on four groups divided into heir classes. Succession may be based on a will (art. 461 of the Civil Code). If the will is contrary to statutory requirements, it is voidable (art. 479 Slovak Civil Code). There does not appear to be de facto discrimination" (3).
March 23, 2023, 1:13 p.m.
Countries: Singapore
Variables: LO-LAW-1, IAW-PRACTICE-1, IAW-LAW-1
"According to legal experts in inheritance, Islamic law governs Muslims in the context of inheritance issues by default, but under certain circumstances, civil law takes precedence when invoked. Islamic law may result in a man receiving twice the share of a woman’s inheritance of the same family relational level. A man may also incur financial responsibilities for his female next of kin, although this provision is not codified in the country’s law" (7).
Variables: LO-LAW-1, IAW-PRACTICE-1, IAW-LAW-1
"According to legal experts in inheritance, Islamic law governs Muslims in the context of inheritance issues by default, but under certain circumstances, civil law takes precedence when invoked. Islamic law may result in a man receiving twice the share of a woman’s inheritance of the same family relational level. A man may also incur financial responsibilities for his female next of kin, although this provision is not codified in the country’s law" (7).
March 23, 2023, 12:07 p.m.
Countries: Chad
Variables: IAW-PRACTICE-1, IAD-PRACTICE-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" (26).
Variables: IAW-PRACTICE-1, IAD-PRACTICE-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" (26).
March 23, 2023, 9:49 a.m.
Countries: Chad
Variables: IAW-PRACTICE-1, IAD-PRACTICE-1
"Laws protecting the right of women to inherit land are not enforced" (44).
Variables: IAW-PRACTICE-1, IAD-PRACTICE-1
"Laws protecting the right of women to inherit land are not enforced" (44).
March 22, 2023, 10:12 p.m.
Countries: Senegal
Variables: LO-PRACTICE-1, ATDW-PRACTICE-1, IAW-PRACTICE-1
"Women often do not have the right to speak when land issues are discussed and only have access to land through a father, husband or son. Women often lose this access if they are single, divorced, or widowed" (para 21). "For example, divorced women explained how they were removed from the community land registers where they were born as soon as they were married, but were unable to rejoin these land registries once they got divorced. Similarly, widows were removed from their husband's community land registers after their husbands died, but then could not reclaim access to the land registers of the communities where they were born" (para 33).more
Variables: LO-PRACTICE-1, ATDW-PRACTICE-1, IAW-PRACTICE-1
"Women often do not have the right to speak when land issues are discussed and only have access to land through a father, husband or son. Women often lose this access if they are single, divorced, or widowed" (para 21). "For example, divorced women explained how they were removed from the community land registers where they were born as soon as they were married, but were unable to rejoin these land registries once they got divorced. Similarly, widows were removed from their husband's community land registers after their husbands died, but then could not reclaim access to the land registers of the communities where they were born" (para 33).more
March 22, 2023, 9:29 p.m.
Countries: Senegal
Variables: IAW-PRACTICE-1
"The law provides for the same legal status and rights for women as for men in many areas, although there are legal restrictions on women in employment, including limitations on occupations and tasks but not on working hours. Nevertheless, women faced pervasive discrimination, especially in rural areas where traditional customs and discriminatory rules of inheritance were strongest" (17-18).
Variables: IAW-PRACTICE-1
"The law provides for the same legal status and rights for women as for men in many areas, although there are legal restrictions on women in employment, including limitations on occupations and tasks but not on working hours. Nevertheless, women faced pervasive discrimination, especially in rural areas where traditional customs and discriminatory rules of inheritance were strongest" (17-18).
March 22, 2023, 8:40 p.m.
Countries: Portugal
Variables: IAW-PRACTICE-1
"There is no information to suggest that harmful practices against widows is an issue in Portugal" (2). This indicates widows receive an inheritance (SFR - CODER COMMENT).
Variables: IAW-PRACTICE-1
"There is no information to suggest that harmful practices against widows is an issue in Portugal" (2). This indicates widows receive an inheritance (SFR - CODER COMMENT).
March 20, 2023, 2:25 p.m.
Countries: Paraguay
Variables: IAW-PRACTICE-1
"If descendants are alive, 4/5th of the estate goes to them... If a spouse owns property jointly with the deceased, s/he inherits ½ of the reserved portion. If not, s/he inherits the same proportion as the descendants, or 1/3 part if there are only descendants. When there are no descendants or ascendants, ½ is reserved for the spouse" (para 10).
Variables: IAW-PRACTICE-1
"If descendants are alive, 4/5th of the estate goes to them... If a spouse owns property jointly with the deceased, s/he inherits ½ of the reserved portion. If not, s/he inherits the same proportion as the descendants, or 1/3 part if there are only descendants. When there are no descendants or ascendants, ½ is reserved for the spouse" (para 10).
March 15, 2023, 2:28 p.m.
Countries: Palestine
Variables: LO-PRACTICE-1, LO-LAW-1, LO-DATA-1, ATDW-PRACTICE-1, IAW-PRACTICE-1, IAW-LAW-1
"The gender gap in the labour market is reflected in women’s lower access to land. Only 7 per cent of women own a house or real estate property, compared to 57 per cent of men... however, the problem is often more of a cultural dilemma than a legal one" (para 5). "Although in Palestine women are often knowledgeable about their rights to inheritance and wish to claim them, the consequences for doing so are high. Women face the risk of being cut off from their families or creating frictions and divisions within the families, which is a major deterrent.°48 Family is a very important safety net in Palestine, especially as...more
Variables: LO-PRACTICE-1, LO-LAW-1, LO-DATA-1, ATDW-PRACTICE-1, IAW-PRACTICE-1, IAW-LAW-1
"The gender gap in the labour market is reflected in women’s lower access to land. Only 7 per cent of women own a house or real estate property, compared to 57 per cent of men... however, the problem is often more of a cultural dilemma than a legal one" (para 5). "Although in Palestine women are often knowledgeable about their rights to inheritance and wish to claim them, the consequences for doing so are high. Women face the risk of being cut off from their families or creating frictions and divisions within the families, which is a major deterrent.°48 Family is a very important safety net in Palestine, especially as...more
March 15, 2023, 2:04 p.m.
Countries: Palestine
Variables: IAW-PRACTICE-1, IAW-LAW-1
"Under the Palestinian Basic Law, women have a right to inheritance but generally received less than men. According to human rights groups, in some cases women have been attacked by male family members for asserting their right to an inheritance. While recognized Christian communities have separate civil court systems, there is no separate civil law for Christians, so those communities also utilize the Palestinian Basic Law" (78).
Variables: IAW-PRACTICE-1, IAW-LAW-1
"Under the Palestinian Basic Law, women have a right to inheritance but generally received less than men. According to human rights groups, in some cases women have been attacked by male family members for asserting their right to an inheritance. While recognized Christian communities have separate civil court systems, there is no separate civil law for Christians, so those communities also utilize the Palestinian Basic Law" (78).
March 10, 2023, 9:40 p.m.
Countries: Brazil
Variables: IAW-PRACTICE-1
"Although there is legal equality, some practices and customs show that the regulatory framework is not sufficient to guarantee the rights of women in practice, especially in rural areas. For example, 'in the case of the Plurinational State of Bolivia, widows cannot live with a new partner if they wish to remain on the land that belonged to the deceased. Otherwise, they are forced to abandon the property that they occupy or use for the support of their children. In other cases, women face discrimination within the family, limiting their right to land ownership through the transfer of titles to older children, rather than to the widows. This practice has...more
Variables: IAW-PRACTICE-1
"Although there is legal equality, some practices and customs show that the regulatory framework is not sufficient to guarantee the rights of women in practice, especially in rural areas. For example, 'in the case of the Plurinational State of Bolivia, widows cannot live with a new partner if they wish to remain on the land that belonged to the deceased. Otherwise, they are forced to abandon the property that they occupy or use for the support of their children. In other cases, women face discrimination within the family, limiting their right to land ownership through the transfer of titles to older children, rather than to the widows. This practice has...more
March 10, 2023, 9:38 p.m.
Countries: Bolivia
Variables: IAW-PRACTICE-1
"Although there is legal equality, some practices and customs show that the regulatory framework is not sufficient to guarantee the rights of women in practice, especially in rural areas. For example, 'in the case of the Plurinational State of Bolivia, widows cannot live with a new partner if they wish to remain on the land that belonged to the deceased. Otherwise, they are forced to abandon the property that they occupy or use for the support of their children. In other cases, women face discrimination within the family, limiting their right to land ownership through the transfer of titles to older children, rather than to the widows. This practice has...more
Variables: IAW-PRACTICE-1
"Although there is legal equality, some practices and customs show that the regulatory framework is not sufficient to guarantee the rights of women in practice, especially in rural areas. For example, 'in the case of the Plurinational State of Bolivia, widows cannot live with a new partner if they wish to remain on the land that belonged to the deceased. Otherwise, they are forced to abandon the property that they occupy or use for the support of their children. In other cases, women face discrimination within the family, limiting their right to land ownership through the transfer of titles to older children, rather than to the widows. This practice has...more
March 10, 2023, 8:33 p.m.
Countries: Bulgaria
Variables: IAW-PRACTICE-1, IAD-PRACTICE-1
"Information related to customary, religious, or traditional practices that may discriminate against female spouses’ and daughters’ legal rights to inherit is limited. Available research suggests that in rural areas, youngest sons typically inherit parents’ land and house and are expected to care for aging parents" (4).
Variables: IAW-PRACTICE-1, IAD-PRACTICE-1
"Information related to customary, religious, or traditional practices that may discriminate against female spouses’ and daughters’ legal rights to inherit is limited. Available research suggests that in rural areas, youngest sons typically inherit parents’ land and house and are expected to care for aging parents" (4).
March 8, 2023, 9 p.m.
Countries: Bosnia-Herzegovina
Variables: IAW-PRACTICE-1
"The Committee draws attention to target 5.A of the Sustainable Development Goals and recommends that the State party: (a) Take steps to eliminate obstacles to equal access to land and other property by women, including through awareness-raising campaigns on their equal rights to property and inheritance, so as to enhance their access to financial credit and loans" (13). This indicates that women may not have equal rights to inheritance in practice (JLR-CODER COMMENT).
Variables: IAW-PRACTICE-1
"The Committee draws attention to target 5.A of the Sustainable Development Goals and recommends that the State party: (a) Take steps to eliminate obstacles to equal access to land and other property by women, including through awareness-raising campaigns on their equal rights to property and inheritance, so as to enhance their access to financial credit and loans" (13). This indicates that women may not have equal rights to inheritance in practice (JLR-CODER COMMENT).
March 8, 2023, 3:12 p.m.
Countries: Oman
Variables: IAW-PRACTICE-1
"Women also receive half the inheritance that men do and have greater difficulty in acquiring legal guardianship over their children" (para 14).
Variables: IAW-PRACTICE-1
"Women also receive half the inheritance that men do and have greater difficulty in acquiring legal guardianship over their children" (para 14).
March 4, 2023, 3:33 p.m.
Countries: Niger
Variables: IAW-PRACTICE-1
"Widows are often victims of 'property grabbing' by her deceased husband’s male relatives" (3).
Variables: IAW-PRACTICE-1
"Widows are often victims of 'property grabbing' by her deceased husband’s male relatives" (3).
March 3, 2023, 5:32 p.m.
Countries: Morocco
Variables: IAW-PRACTICE-1, IAW-LAW-1, IAD-PRACTICE-1, IAD-LAW-1
"While the constitution provides women equal rights with men in civil, political, economic, cultural, and environmental affairs, laws favor men in property and inheritance. Numerous problems related to discrimination against women remained, including inadequate enforcement of equal rights provided for by the laws and constitution. According to the law, women are entitled to a share of inherited property, but a woman’s share of inheritance is less than that of a man. Women are generally entitled to receive one-half the inheritance a man would receive in the same circumstances. A sole male heir would receive the entire estate, while a sole female heir would receive one-half the estate with the rest...more
Variables: IAW-PRACTICE-1, IAW-LAW-1, IAD-PRACTICE-1, IAD-LAW-1
"While the constitution provides women equal rights with men in civil, political, economic, cultural, and environmental affairs, laws favor men in property and inheritance. Numerous problems related to discrimination against women remained, including inadequate enforcement of equal rights provided for by the laws and constitution. According to the law, women are entitled to a share of inherited property, but a woman’s share of inheritance is less than that of a man. Women are generally entitled to receive one-half the inheritance a man would receive in the same circumstances. A sole male heir would receive the entire estate, while a sole female heir would receive one-half the estate with the rest...more
March 3, 2023, 3:58 p.m.
Countries: Mauritius
Variables: IAW-PRACTICE-1
"Nonetheless, cultural and societal barriers prevented women from fully exercising their legal rights, especially in some cases involving inheritance" (14).
Variables: IAW-PRACTICE-1
"Nonetheless, cultural and societal barriers prevented women from fully exercising their legal rights, especially in some cases involving inheritance" (14).
Feb. 25, 2023, 3:16 p.m.
Countries: Mongolia
Variables: IAW-PRACTICE-1
"Inequalities in inheritance rights and housing in Mongolia pose a compounding concern in the pursuit of strengthening women’s resilience" (29).
Variables: IAW-PRACTICE-1
"Inequalities in inheritance rights and housing in Mongolia pose a compounding concern in the pursuit of strengthening women’s resilience" (29).
Feb. 25, 2023, 3:08 p.m.
Countries: Mongolia
Variables: IAW-PRACTICE-1
"The tendency to have men as certified owners or inheritors of land is more pronounced in the rural areas" (20).
Variables: IAW-PRACTICE-1
"The tendency to have men as certified owners or inheritors of land is more pronounced in the rural areas" (20).
Feb. 24, 2023, 11:27 p.m.
Countries: Brazil
Variables: IAW-PRACTICE-1, IAD-PRACTICE-1
"Most women – especially in the rural areas – receive their land through inheritance from their husbands, fathers, and other members of the family. When marriages and successions are not formally documented, women find they have no legal claim to family assets after the deaths of their husbands or family members" (para 16).
Variables: IAW-PRACTICE-1, IAD-PRACTICE-1
"Most women – especially in the rural areas – receive their land through inheritance from their husbands, fathers, and other members of the family. When marriages and successions are not formally documented, women find they have no legal claim to family assets after the deaths of their husbands or family members" (para 16).
Feb. 24, 2023, 6:22 p.m.
Countries: Montenegro
Variables: LO-PRACTICE-1, IAW-PRACTICE-1
"'I think that the situation in Montenegro is changing,' Zenovich says. 'Some families do not have a traditional patriarchal preference for babies assigned male at birth, nor do they practice traditional inheritance practices.' That points to more women owning land, businesses, and inheriting family property, and says more work in that direction 'would be a wonderful place to start to redress the gendered power dynamic of ownership'" (para 78-79).
Variables: LO-PRACTICE-1, IAW-PRACTICE-1
"'I think that the situation in Montenegro is changing,' Zenovich says. 'Some families do not have a traditional patriarchal preference for babies assigned male at birth, nor do they practice traditional inheritance practices.' That points to more women owning land, businesses, and inheriting family property, and says more work in that direction 'would be a wonderful place to start to redress the gendered power dynamic of ownership'" (para 78-79).
Feb. 24, 2023, 5:15 p.m.
Countries: Mexico
Variables: LO-PRACTICE-1, IAW-PRACTICE-1
"In Mexico, this is no exception. Although in terms of land ownership and forest tenure, for example, 80% of forests are in the hands of ejidos (collective lands) and indigenous and peasant communities, the patriarchal organization system that exists in these communities generally favors men when it comes to land access (6). Furthermore, when women access land and become agrarian subjects by inheriting land or obtaining it after purchase or a years-long lawsuit, they face dispossession by their own family members, assemblies or neighbors" (para 9-10).
Variables: LO-PRACTICE-1, IAW-PRACTICE-1
"In Mexico, this is no exception. Although in terms of land ownership and forest tenure, for example, 80% of forests are in the hands of ejidos (collective lands) and indigenous and peasant communities, the patriarchal organization system that exists in these communities generally favors men when it comes to land access (6). Furthermore, when women access land and become agrarian subjects by inheriting land or obtaining it after purchase or a years-long lawsuit, they face dispossession by their own family members, assemblies or neighbors" (para 9-10).