RECOMMENDATION
The state party should guarantee equality between men and women in matters relating to family law, in particular by ensuring de jure and de facto the right to women to inherit property on an equal footing with men.
Recommendation No: ICCPR-12
Recommendation Year: 2012
Recommendation Text: The state party should guarantee equality between men and women in matters relating to family law, in particular by ensuring de jure and de facto the right to women to inherit property on an equal footing with men.
Convention/Treaty Body: International Covenant on Civil and Political Rights
Information Deadline:
Implementation Deadline:
Related Human Rights Articles
ICCPR Article 2 - 1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. 2. Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant. 3. Each State Party to the present Covenant undertakes: (a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity; (b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy; (c) To ensure that the competent authorities shall enforce such remedies when granted.
ICCPR Article 3 - Ensure equal enjoyment of treaty rights between men and women.
ICCPR Article 23 - The right to marry and found a family and equal rights between men and women within the marriage at its dissolution.
ICCPR Article 26 - Everyone is equal before the law and has a right to legal protection “of the law” without discrimination.
Stakeholders
Attorney General's Office (AGO) | Ministry of Gender, Family & Social Services (MoGFSS)
Relevant Articles of the Constitution
40A - Every citizen has the right to acquire, own, inherit, transfer or otherwise transact of such property.
Relevant Legislation Articles
17 - (g) The equal opportunity for men and women to access financial facilities, marketing resources, appropriate technology and the ownership of property. (h) The ability to live with the benefits and adequate access to land, sewerage, water, electricity, transport and communication services.
Relevant Regulations & Policies
No Relevant Regulations & Policies
Relevant Articles of other Human Rights Conventions
CEDAW Article 13 - Article 13 States Parties shall take all appropriate measures to eliminate discrimination against women in other areas of economic and social life in order to ensure, on a basis of equality of men and women, the same rights, in particular: (a) The right to family benefits; (b) The right to bank loans, mortgages and other forms of financial credit; (c) The right to participate in recreational activities, sports and all aspects of cultural life.
Related Recommendations of other Treaty Bodies
CEDAW - 11 - CEDAW
Related SDGs
GOAL 05
Categories
Gender Equality , Equality Between Men and Women , Inheritance