Denial of inheritance rights for women under indigenous law : a violation of international human rights norms
Throughout sub-Saharan Africa, women and girls are denied their right to inherit from their husbands and fathers as a result of the operation of the indigenous law rule of male primogeniture, in terms of which an heir must be male. This violates prohibitions on gender discrimination, as well as o...
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ndltd-netd.ac.za-oai-union.ndltd.org-unisa-oai-umkn-dsp01.int.unisa.ac.za-10500-175022016-04-16T04:08:28Z Denial of inheritance rights for women under indigenous law : a violation of international human rights norms Moodie, Nicolette Church, Joan Botha, N. J. (Neville John), 1951- Indigenous law sub-Saharan Africa Culture Inheritance Male primogeniture Distortion of indigenous law Duty of support Gender equality International human rights norms International law Treaties Constitution Bill of Rights Universality Non-discrimination Accountability Cultural relativism Judicial resolution Legislation South African Law Commission 346.52068 Inheritance and succession -- South Africa Customary law -- South Africa Women's rights -- South Africa Women Throughout sub-Saharan Africa, women and girls are denied their right to inherit from their husbands and fathers as a result of the operation of the indigenous law rule of male primogeniture, in terms of which an heir must be male. This violates prohibitions on gender discrimination, as well as other, more specific provisions found in international human rights treaties. However, courts in both South Africa and Zimbabwe have in recent years upheld the rule. States Parties to relevant treaties have an obligation to ensure equal inheritance rights for women and girls. In the case of South Africa, provisions of the Constitution are also relevant. After discussing the operation of the indigenous law of inheritance, the international human rights provisions violated by it, as well as the recommendations of the South African Law Commission and legislative proposals on this issue, the writer suggests that legislation should be adopted to ensure equality for women and girls, while retaining the positive aspects of indigenous law and culture. Constitutional, International & Indigenous Law LL. M. (Law) 2015-01-23T04:23:54Z 2015-01-23T04:23:54Z 2000-12 Dissertation http://hdl.handle.net/10500/17502 1 online resource (43 leaves) |
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Indigenous law sub-Saharan Africa Culture Inheritance Male primogeniture Distortion of indigenous law Duty of support Gender equality International human rights norms International law Treaties Constitution Bill of Rights Universality Non-discrimination Accountability Cultural relativism Judicial resolution Legislation South African Law Commission 346.52068 Inheritance and succession -- South Africa Customary law -- South Africa Women's rights -- South Africa Women |
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Indigenous law sub-Saharan Africa Culture Inheritance Male primogeniture Distortion of indigenous law Duty of support Gender equality International human rights norms International law Treaties Constitution Bill of Rights Universality Non-discrimination Accountability Cultural relativism Judicial resolution Legislation South African Law Commission 346.52068 Inheritance and succession -- South Africa Customary law -- South Africa Women's rights -- South Africa Women Moodie, Nicolette Denial of inheritance rights for women under indigenous law : a violation of international human rights norms |
description |
Throughout sub-Saharan Africa, women and girls are denied their right to inherit from their
husbands and fathers as a result of the operation of the indigenous law rule of male
primogeniture, in terms of which an heir must be male. This violates prohibitions on gender
discrimination, as well as other, more specific provisions found in international human rights
treaties. However, courts in both South Africa and Zimbabwe have in recent years upheld the
rule. States Parties to relevant treaties have an obligation to ensure equal inheritance rights for
women and girls. In the case of South Africa, provisions of the Constitution are also relevant.
After discussing the operation of the indigenous law of inheritance, the international human
rights provisions violated by it, as well as the recommendations of the South African Law
Commission and legislative proposals on this issue, the writer suggests that legislation should be
adopted to ensure equality for women and girls, while retaining the positive aspects of indigenous law and culture. === Constitutional, International & Indigenous Law === LL. M. (Law) |
author2 |
Church, Joan |
author_facet |
Church, Joan Moodie, Nicolette |
author |
Moodie, Nicolette |
author_sort |
Moodie, Nicolette |
title |
Denial of inheritance rights for women under indigenous law : a violation of international human rights norms |
title_short |
Denial of inheritance rights for women under indigenous law : a violation of international human rights norms |
title_full |
Denial of inheritance rights for women under indigenous law : a violation of international human rights norms |
title_fullStr |
Denial of inheritance rights for women under indigenous law : a violation of international human rights norms |
title_full_unstemmed |
Denial of inheritance rights for women under indigenous law : a violation of international human rights norms |
title_sort |
denial of inheritance rights for women under indigenous law : a violation of international human rights norms |
publishDate |
2015 |
url |
http://hdl.handle.net/10500/17502 |
work_keys_str_mv |
AT moodienicolette denialofinheritancerightsforwomenunderindigenouslawaviolationofinternationalhumanrightsnorms |
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1718224962737668096 |