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Latest items for IW-LAW-1

Aug. 15, 2023, 6:17 a.m.
Countries: Cote D'Ivoire
Variables: IW-LAW-1

"The Committee appreciates the efforts made by the State party to amend discriminatory provisions of the Criminal Code and of the Marriage Act (CEDAW/C/CIV/4, para. 30). The Committee nevertheless notes with concern that: (e) Discriminatory provisions on inheritance rights, such as articles 22, 23 and 25 of the Law No. 64-379 of 7 October 1964 on succession that discriminate against widows compared to the children, parents and siblings of the deceased husband" (14). "The Committee recalls its previous concluding observations (CEDAW/C/CIV/CO/1-3, para. 43 (a)–(c)), as well as its general recommendation No. 21 (1994) on equality in marriage and family relations, and recommends that the State party: (e) Eliminate discrimination against...more
Aug. 3, 2021, 12:21 p.m.
Countries: Nigeria
Variables: IW-LAW-1

"Flora Alatan, Delta State Commissioner for Women Affairs, told CNN her department is working with the justice ministry to adopt the Violence Against Persons Prohibition Act (VAPP), a federal legislation with a provision that directly punishes the ill-treatment of widows. The 'Harmful Widowhood Practices' in the VAPP Act says people can be jailed for a maximum of two years or pay a fine of N500,000 (around $1,366) for abusing women whose husbands have died. Nigeria signed the VAPP Act in 2015, but a majority of the West African nation's 36 states are yet to adopt it and, consequently, the law can't be enforced in those states" (para 26-28). "In 2005,...more
July 9, 2021, 1:38 p.m.
Countries: Kenya
Variables: IW-LAW-1

"The law criminalizes abuses that include early and forced marriage, FGM/C, forced wife “inheritance,” and sexual violence within marriage" (p 33).
Aug. 11, 2020, 7:15 p.m.
Countries: India
Variables: IW-LAW-1

“Hindu Adoption Maintenance Act, 1956 : Section 18-A provides for obligations of husband to maintain his wife. Section 18(2) provides right of wife to live separately and S. 19 provides for maintenance of widow by her father-in-law” (para 5).
Feb. 22, 2020, 11:47 p.m.
Countries: Cameroon
Variables: IW-LAW-1, POLY-LAW-1

"Le mariage traditionnel est en effet indissoluble, et il n'est même pas dissous par le décès de l'époux. À la mort du chef de lignage, le système successoral commande la désignation d'un héritier coutumier qui va véritablement continuer la personne du de cujus. En accaparant tous les biens, il assume aussi les mêmes obligations qu'avait son auteur envers ses épouses. C'est ainsi que les veuves n'avaient pas de crainte quant à leur situation matérielle et matrimoniale. La pratique systématique du lévirat leur permettait de se prémunir contre l'incertitude des lendemains du décès de leur partenaire" (554-555). Translation: The traditional marriage is indissoluble, it is not even dissolved with the spouse's...more
July 8, 2019, 1:19 p.m.
Countries: Uganda

"The law provides women with the same legal status and rights as men. Discrimination against women, however, was widespread, especially in rural areas. Many customary laws discriminate against women in adoption, marriage, divorce, and inheritance. Under local customary law in many areas, women may not own or inherit property or retain custody of their children. Traditional divorce law in many areas requires women to meet stricter evidentiary standards than men to prove adultery. Polygyny is legal under both customary and Islamic law. In some ethnic groups, men may “inherit” the widows of their deceased brothers" (Pg 29).
July 1, 2019, 8:43 p.m.
Countries: Bahrain
Variables: IW-LAW-1

"In the absence of a direct male heir, Shia women may inherit all of their husband’s property, while Sunni women inherit only a portion, with the brothers or other male relatives of the deceased also receiving a share" (p. 31).
June 28, 2019, 7:45 a.m.
Countries: Tunisia
Variables: IW-LAW-1

"NonMuslim women and their Muslim husbands may not inherit from each other" (p. 23).
June 20, 2019, 10:07 a.m.
Countries: Qatar
Variables: IW-LAW-1

"For example, a non-Muslim wife does not have the automatic right to inherit from her Muslim husband. She receives an inheritance only if her husband wills her a portion of his estate, and even then she is eligible to receive only one-third of the total estate" (p. 15).
June 14, 2019, 2:55 p.m.
Countries: Nigeria

"Despite the new federal law, purdah, the cultural practice of secluding women and pubescent girls from unrelated men, continued in various parts of the North. In some parts of the country, widows experienced unfavorable conditions as a result of discriminatory traditional customs. “Confinement,” which occurred predominantly in the Northeast, remained the most common rite of deprivation for widows. Confined widows stayed under social restrictions for as long as one year and usually shaved their heads and dressed in black as part of a culturally mandated mourning period. In other areas communities viewed a widow as a part of her husband’s property to be “inherited” by his family. In some traditional...more
May 27, 2019, 9:09 p.m.
Countries: Burkina Faso
Variables: IW-LAW-1

"Many citizens, particularly in rural areas, held to traditional beliefs that did not recognize inheritance rights for women and regarded a woman as property that could be inherited upon her husband’s death" (p. 19).
March 29, 2019, 5:33 p.m.
Countries: Malawi

"The law provides for a minimum level of child support, widows’ rights, and maternity leave; however, only women employed in the formal sector knew their rights, had access to the legal system, and thus benefited from these legal protections" (para 93).
Jan. 8, 2019, 9:46 a.m.
Countries: Nigeria
Variables: IW-LAW-1

"'The deceased’s brothers may inherit where the deceased has no children; the wife is not mentioned at all. A widow can’t inherit her deceased husband’s estate and in fact, she is sometimes regarded as part of the estate to be inherited by the deceased brother through heritage marriage,' Justice Onyeabo said" (Para 16). "He said, 'In Sogunro Davies vs Sogunro Davies, it was held that the Yoruba customary practices deprived the wife of any right to inheritance because the devolution of property follows the blood. In fact, in Suberu vs Sumonu, a wife has been described as a chattel to be inherited" (Para 26).
Oct. 19, 2018, 7:59 p.m.
Countries: Indonesia
Variables: IW-LAW-1

"The law does not grant widows equal inheritance rights" (para 152)
March 20, 2018, 1:29 p.m.
Countries: Gambia
Variables: IW-LAW-1

"While noting the delegation’s statement that the State party will consider good practices in other countries with Muslim populations that have non-discriminatory personal status laws that are in line with the Convention, the Committee remains deeply concerned: (a) That issues relating to marriage, divorce, inheritance, marital property, adoption, burial and devolution of property on death are still regulated under personal laws (sharia and customary law), which contains provisions that discriminate against women; (b) That the Women’s Act provides only for women’s “equitable” access to property, which is not compliant with the Committee’s standard of equality. While commending the State party in the case of Matty Faye v. Dawda Jawara, the...more
March 14, 2018, 6:54 p.m.
Countries: Senegal
Variables: IW-LAW-1

"The Committee welcomes the adoption of Law No. 99-05 of 29 January 1999 criminalizing female genital mutilation and of a second national action plan to accelerate the elimination female genital mutilation (2010-2015), as well as the measures taken to raise public awareness of harmful practices. It is concerned, however, at the persistence of adverse cultural norms, practices and traditions as well as patriarchal attitudes and deep-rooted stereotypes regarding the roles, responsibilities and identities of women and men in the family and society. It notes that stereotypes contribute to the persistence of violence against women as well as harmful practices, including female genital mutilation, levirate and sororate, child marriage, polygamy, repudiation,...more
Feb. 28, 2018, 5:36 p.m.
Countries: Kenya
Variables: IW-LAW-1, DV-LAW-1

"Protection against Domestic Violence Bill (2013). This Bill has already undergone second reading in parliament and if enacted into law, the Protection against Domestic Violence as legislation will protect families from domestic violence. The legislation seeks to protect victims of domestic violence and provide protection for spouses and any children or dependants within the family unit. The Bill recognizes sexual violence within marriage, child marriage, FGM, incest, defilement, forced wife inheritance, interference from in-laws and sexual abuse as forms of domestic violence unlike previously when they were only associated with physical violence" (15-16).
May 15, 2016, 7:55 p.m.
Countries: Montenegro
Variables: IW-LAW-1

"The Constitution of Montenegro guarantees the right to property and inheritance, as well as entrepreneurship. All freedoms and rights are based on the principle of equality between men and women." (78)
March 17, 2016, 8:57 p.m.
Countries: Cyprus
Variables: IW-PRACTICE-1, IW-LAW-1

"Are there customary practices or laws among some minority communities (e.g. clans, immigrant groups) that require the inheritance of a wife after a male family member dies? Are there practices whereby a widow is 'cleansed' after her husband's death, and what are these? Unable to offer such information with certainty/accuracy" (2)
Jan. 6, 2016, 10:42 p.m.
Countries: Benin
Variables: WR-LAW-1, IW-LAW-1

"Act No. 2002-07 of 24 August 2004 on the Personal and Family Code lays down egalitarian principles in accordance with the Constitution and thus significantly combats discrimination. For example, it abolishes marriage by levirate (art. 122)" (5). Marriage by levirate refers to the type of marriage in which the brother of the deceased man is obliged to marry his brother's widow and the widow is required to marry her deceased husband's brother (HLH-CODER COMMENT)
Jan. 5, 2016, 11:30 a.m.
Countries: India
Variables: IW-LAW-1

"Even the Hindu Succession Act, 1956 which was extensively amended in 2005 still contains certain provisions which favour the husband’s family. For example, Section 15 stipulates that the self acquired property of a female Hindu dying intestate will, in the absence of her husband and children, devolve upon the heirs of her husband and not her father and mother" (6).
Nov. 14, 2015, 5:05 p.m.
Countries: Greece

"The Committee is concerned about the situation of women in the State party in the area of marriage and inheritance. The Committee remains concerned about the inconsistent application of the State law in all communities. In this regard, the Committee is concerned about the non-application of the general law of the State party to the Muslim community of Thrace regarding marriage and inheritance, as well as about the persistence of polygamy and early marriage in the Muslim and Roma communities. The Committee is also concerned at the absence of legal provisions governing existing de facto unions, which may deny women protection and redress in case of separation in the absence...more
Nov. 1, 2015, 7:38 p.m.
Countries: Moldova
Variables: IW-LAW-1

"The Committee is also concerned about information received that, following divorce or death of the husband, women are, in practice, often denied their right of inheritance" (11)
Sept. 7, 2015, 11:57 p.m.
Countries: Kazakhstan
Variables: IW-LAW-1

"Domestic legislation does not provide for liability for levirate marriage, but liability may be incurred in the context of a number of other offences under the Criminal Code, including article 107 (Torture), article 112 (Threat), article 120 (Rape), article 121 (Violent acts of a sexual nature), article 123 (Coercion to perform sexual intercourse, sodomy, a lesbian act or other acts of a sexual nature), article 125 (Kidnapping), article 126 (Illegal confinement) and article 130 (Abuse)" (55)
Aug. 19, 2015, 1:54 p.m.
Countries: Qatar
Variables: IW-LAW-1, IAW-LAW-1, IAD-LAW-1

“The subject of inheritance under the sharia is one of the areas where the greatest misunderstandings occur, owing to a superficial interpretation of Islamic law that suggests that the sharia discriminates against women by giving them half the inheritance that a man receives. The truth is that women receive half of what a man receives only in given circumstances that are specified in the sharia. In other circumstances, they receive an equal share. For example, both parents each receive one sixth of an offspring’s estate, without any discrimination between the father and the mother. In other cases, the woman receives more than the man. For example, if a person dies...more
Aug. 17, 2015, 7:05 p.m.
Countries: D R Congo
Variables: IW-LAW-1

"The Committee urges the State party:…2) Adopt legal provisions prohibiting polygamy, early marriages, female genital mutilation and levirate, include adequate sanctions for violations of these provisions and ensure their implementation" (6-7). If the Committee urges the State party to prohibit levirate, in which brothers may are obliged to marry their brother's widow, then it must not be illegal (RP-CODER COMMENT)
Oct. 8, 2014, 12:38 p.m.
Countries: Morocco
Variables: IW-LAW-1

"Strict application of Muslim law grants to a woman only half of what a man inherits in case of the death of one of the parents. In a case of death of the husband, the wife has only one-eighth of the inheritance 'while women work even more than the men,' Samir El Harrouf, a member of the United Socialist Party (PSU), tells IPS" (para 16)
June 28, 2014, 3:34 p.m.
Countries: Bangladesh
Variables: IW-LAW-1

“Muslim widows regularly inherit land in accordance with law. Hindu widows sometimes inherit land, but not as frequently as Muslims. Generally, when either a Muslim or Hindu widow inherits land she does not cultivate the land herself, but depends on male relatives, usually a son, to oversee the land for her. A son who cares for his mother will often inherit his mother’s share of the family land when she dies. We encountered, however, many cases of widows not receiving their lawful share of land. Sometimes this occurs because their sons refuse to change the registration records (keeping the land in the name of the deceased father) effectively denying a...more
June 24, 2014, 11:38 a.m.
Countries: Afghanistan
Variables: IW-LAW-1

"Passed by presidential decree in 2009, the Elimination of Violence against Women (EVAW) law has criminalized 'customs, traditions and practices causing violence against women and which are against Islamic Sharia'. The 22 listed offences include forced and underage marriage, denial of inheritance and rape, the latter a crime for the first time under Afghan law" (10)
March 3, 2013, 2:16 p.m.
Countries: Malawi
Variables: IW-LAW-1

“In a few isolated areas, widows were sometimes forced to have sex with in-laws as part of a culturally mandated “sexual cleansing” ritual following the death of the husband. In some cases, widows were “inherited” by a brother-in-law or other male relative. Although there are no laws specifically prohibiting these practices, the government and civil society continued efforts to abolish them by raising awareness concerning the inherent dangers of such behavior, including the risk of HIV/AIDS transmission” (18-19)