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Liberia Equal Rights of Customary Marriage Law of 1998

An Act to govern the devolution of estates and establish rights of inheritance for spouses of both statutory and customary marriages, approved in 2003.

Collection Type:
Legal Materials
Country:
Liberia
Creator:
Republic of Liberia
Year:
2003

The Mystery of Capital Formation in Sub-Saharan Africa: Women, Property Rights and Customary Law

Full citation: Joireman, S.F. (2008). "The Mystery of Capital Formation in Sub-Saharan Africa: Women, Property Rights and Customary Law," World Development, Elsevier, vol. 36(7), pages 1233-1246, July. - Economists such as Hernando De Soto have argued that clearly defined property rights are essential to capital formation and ultimately to economic growth and poverty alleviation. This article traces two impediments to the clear definition of property rights in the African context: customary law and the status of women. Both of these issues interfere with the attempt of African countries to rearticulate property law with the goal of capital formation. Constructive attempts to define property rights must address the problem of enforcement in under-resourced environments where changes may not be welcomed.

[Threats to Women’s Land Tenure Security and Effectiveness of Interventions - Annotated Bibliography]

Collection Type:
Research Articles
Country:
Multiple Countries
Creator:
Joireman, S. F.
Year:
2008

Namibia Estates and Succession Amendment Act, 2005

This law amends the 1965 Estate and Succession Act. We have been unable to obtain a copy of the original law. Please contact us if you have access to the original act.

Collection Type:
Legal Materials
Country:
Namibia
Creator:
Government of Namibia
Years:
2005, 1965

New Zealand Wills Act

Wills Act

Collection Type:
Legal Materials
Country:
New Zealand
Creator:
Government of New Zealand
Year:
2007

The paradox of gender discrimination in land ownership and women's contribution to poverty reduction in Anglophone Cameroon

Full citation: Fonjong, L., Fombe, L., & Sama-lang, I. (2013). “The paradox of gender discrimination in land ownership and women's contribution to poverty reduction in Anglophone Cameroon.” GeoJournal, 78(3), 575-589. - This study adopted a method of field work involving observations, the use of questionnaires, interviews, and focus group discussions for data collection that was able to capture key issues related to women, culture and land. The sample size of 2,205 participants included 80 % women and 20 % men from all socio-economic, political, demographic and ethnic groups. In addition to this sample, interviews were conducted and focus-group discussions held with key women, human rights NGOs and, traditional and administrative authorities in each of the localities.

The study found that land is an important factor of production for both men and women in predominantly agrarian Cameroon. While the legal framework in Cameroon advocates for equal rights and opportunities to resources, the majority of rural women who are mostly peasant farmers can neither inherit nor own land due to gender discriminatory customary practices. The findings revealed that although women are key players in the struggle against poverty who depend solely on land, they still do not have security of tenure over the land they cultivate. Specifically, land inheritance is one of the areas in which gender discrimination is still prevalent. It is deeply rooted in the socio-cultural practices of both patrilineal and matrilineal societies. In matrilineal communities like Aghen and part of Kom, where inheritance follows the female linage, the sons, and not the daughters of this linage have inheritance rights. Field investigation indicates that men and women are unanimous on the fact that current practices discriminate against women. [Threats to Women’s Land Tenure Security and Effectiveness of Interventions - Annotated Bibliography]

Collection Type:
Research Articles
Country:
Cameroon
Creator:
Fonjong, L., Fombe, L., & Sama-lang, I.
Year:
2013

Property rights, intersectionality, and women's empowerment in Nepal

Full citation: Pradhan, R., Meinzen-Dick, R., & S. Theis, "Property rights, intersectionality, and women's empowerment in Nepal," JOURNAL OF RURAL STUDIES (July 2019).

Collection Type:
Citations
Country:
Nepal
Creator:
Pradhan, R., Meinzen-Dick, R., & S. Theis
Year:
2019

Rwanda Civil Code

Collection Type:
Legal Materials
Country:
Rwanda
Creator:
Republic of Rwanda
Years:
1999, 1988

Situation of Rural Women in Serbia Report

Shadow Report to the Committee for the Elimination of All Forms of Discrimination against Women regarding the fourth reporting cycle of Serbia

Collection Type:
Articles
Country:
Serbia
Creator:
Beker, K.
Year:
2017

Study on Women's Property Rights in Afar and Oromiya Regions, Ethiopia

Full citation: Flintan, F., Demlie, S. Awol, M., Humed, Z., Belete, Y. and Lemma, H., "Study on Women's Property Rights in Afar and Oromiya Regions, Ethiopia," USAID & CARE REPORT (2008).

Collection Type:
Articles
Country:
Ethiopia
Creator:
Flintan, F., Demlie, S. Awol, M., Humed, Z., Belete, Y. and Lemma, H.
Year:
2008

Sweden Inheritance Code

Collection Type:
Legal Materials
Country:
Sweden
Creator:
Government of Sweden
Year:
1958

Tanzania Judicature and Application of Laws Act

This law makes certain laws of the United Kingdom, customary laws, and Indian Acts (including the Indian Succession Act of 1865) applicable to Tanzania.

Collection Type:
Legal Materials
Country:
Tanzania
Creator:
Parliament of Tanzania
Year:
1920

Thailand Civil and Commercial Code

This is the Civil and Commercial Code of Thailand - this record contains all six books.

Collection Type:
Legal Materials
Country:
Thailand
Creator:
Government of Thailand
Year:
2008

Towards Customary Legal Empowerment in Namibia: Enhancing gender equality in customary justice systems

Full citation: Ubink, J.M. (2011). “Towards Customary Legal Empowerment in Namibia: Enhancing gender equality in customary justice systems.” International Development Law Organisation. - In Namibia, national authorities have made various interventions aimed at enhancing the functioning of customary law and traditional leadership. These efforts include both the creation of institutional linkages as well as community-based activities. One issue has been the position of women under customary law, and especially the fact that widows often have no rights to their deceased husbands’ lands. At a workshop, the traditional leaders present unanimously decided that widows should not be chased from their lands or out of their homes and that they should not be asked to pay again for the land. The president of the country was also a proponent of the change. This research found that this statement led to positive change. [Threats to Women’s Land Tenure Security and Effectiveness of Interventions - Annotated Bibliography]

Collection Type:
Research Articles
Country:
Namibia
Creator:
Ubink, J.M.
Year:
2011

Uganda Succession Act

Collection Type:
Legal Materials
Country:
Uganda
Creator:
Republic of Uganda
Years:
1972, 1906

Who Owns the Land? Gender and Land-Titling Programmes in Latin America

Full citation: Deere, C. D. and Leon, M., "Who Owns the Land? Gender and Land-Titling Programmes in Latin America," 1(3) JOURNAL OF AGRARIAN CHANGE 440 (July 2001). - The main focus of state intervention in Latin American agriculture in the 1990s was on land-titling programs, designed to promote security of tenure and enliven land markets. A review of seven of these projects suggests that they were often designed without sufficient attention to civil codes and marital regimes that protect women's property rights. They often ignored that a household's endowment of land may consist of three forms of property: the wife's, the husband's, and jointly owned property. By assuming that the family farm is owned by the male household head, these projects trampled upon women's ownership rights. Nonetheless, the share of female beneficiaries of land-titling projects has been much higher than the share of women adjudicated land under the agrarian reforms of previous decades. This is partly because the primary way that women acquire land is through inheritance, and inheritance appears to be more gender equitable than other manners of acquiring land. It is also due to the impact of the more gender-equitable agrarian legislation of the current period, itself a product of the impact of women's movements on the state. [Threats to Women’s Land Tenure Security and Effectiveness of Interventions - Annotated Bibliography]

Collection Type:
Research Articles
Country:
Multiple Countries
Creator:
Deere, C. D. and Leon, M.
Year:
2001

Women, Land, and Customary Law

Collection Type:
Articles
Country:
South Africa
Creator:
Budlender, D., Mgweba, S., Motsepe, K. and Williams, L.
Year:
2011

Women, Marriage and Asset Inheritance in Uganda

Full citation: Doss, C., Truong, M., Nabanoga, G. and Namaalwa, J., "Women, Marriage and Asset Inheritance in Uganda," 184 CPRC WORKING PAPER (Chronic Poverty Research Centre 2010). - The study uses a combination of qualitative and quantitative research. The first phase involved interviewing focus groups and key informants about assets held by men and women in the communities and on patterns of acquisition and social norms surrounding asset ownership and inheritance. The second phase was a household and intra-household survey. Life-history interviews were also conducted. The study found that many women gain access to land or ownership through their marital relationships. Both husbands and wives often indicate that land is owned jointly. However, rights over land differ for men and women, with women having fewer rights than men. Women do inherit land, both from their fathers and from their husbands, although it is much more common for men to inherit land. While women may successfully access land through their husbands, and may even claim ownership, these rights frequently depend on the stability of the marriage. Under most customary systems, a widow can claim land that belonged to her husband only if she has a son. The land will be inherited by the son, and the mother can continue to farm it until the son is grown-up and can claim it. Women without sons are at risk of losing access to the land, depending on their relationships with their husband’s family and the community. In spite of this arrangement, some widows have been able to maintain independent claims on land. [Threats to Women’s Land Tenure Security and Effectiveness of Interventions - Annotated Bibliography]

Collection Type:
Research Articles
Country:
Uganda
Creator:
Doss, C., Truong, M., Nabanoga, G. and Namaalwa, J.
Year:
2011

Women’s Access to Land in Kenya

Full citation: Harrington, A., "Women's Access to Land in Kenya," 4(1) JUSTICE FOR THE POOR BRIEFING NOTE (The World Bank, January 2010).

Collection Type:
Articles
Country:
Kenya
Creator:
Harrington, A.
Year:
2010

Women's Inheritance Rights and Intergenerational Transmission of Resources in India

Full citation: Deininger, K., Goyal, A. and Nagarajan, H., "Women's Inheritance Rights and Intergenerational Transmission of Resources in India," 46 THE JOURNAL OF HUMAN RESOUCES 2 (2013). - Using inheritance patterns over three generations of individuals, this study assesses the impact of changes in the Hindu Succession Act, which grant daughters equal coparcenary birth rights in joint family property, that were denied to daughters in the past. The study shows that the amendment significantly increased daughters’ likelihood to inherit land, but that even after the amendment, substantial bias persists. There were no detectable changes before the legal amendment, with a sharp increase in land bequests to daughters occurring only after HSAA became effective. The effect persists over time, showing a modest but significant upward trend, in line with a gradual pattern of dissemination and learning. [Threats to Women’s Land Tenure Security and Effectiveness of Interventions - Annotated Bibliography]

Collection Type:
Research Articles
Country:
India
Creator:
Deininger, K., Goyal, A. and Nagarajan, H.
Year:
2013

Women's Land Tenure Framework for Analysis: Inheritance

This framework is intended to help you assess the current situation for women’s land rights in a specific country, state, or community. This framework looks at a single question: Can women inherit land?

Collection Type:
Practice Guides
Country:
Multiple Countries
Creator:
Giovarelli, R and Scalise, E.
Years:
2015, 2013

Women's Property and Inheritance Rights: Improving Lives in a Changing Time

Full citation: Steinzor, N., "Women's Property and Inheritance Rights: Improving Lives in a Changing Time" FINAL SYNTHESIS AND CONFERENCE PROCEEDINGS PAPER (USAID and WIDtech 2003).

Collection Type:
Articles
Country:
Multiple Countries, Sri Lanka, Nepal, Cambodia, Bangladesh, Namibia, Malawi, Kenya, Tanzania
Creator:
Steinzor, N.
Year:
2003

Zambia: family laws and inheritance laws

This document includes the Marriage Act; Births and Deaths Registration Act; Legitimacy Act; Juveniles Act; Adoption Act; Maintenance Orders Act; Maintenance Orders (Enforcement) Act; Deceased Brother's Widow's Marriage Act; Administrator-General Act; Intestate Succession Act; Wills and Administration of Testate Estates Act; Probates (Resealing) Act; Administration of Estates (Trust Corporations) Act; Trusts Restriction Act; Affiliation and Maintenance of Children Act; and the Persons with Disabilities Act

Collection Type:
Legal Materials
Country:
Zambia
Creator:
Republic of Zambia
Year:
1996