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1	Denial of inheritance rights for women under indigenous law : a violation of international human rights norms Moodie, Nicolette 12 1900 (has links) 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) 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 Customary law -- South Africa Women's rights -- South Africa Women
2	Denial of inheritance rights for women under indigenous law : a violation of international human rights norms Moodie, Nicolette 12 1900 (has links) 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 and Indigenous Law / LL. M. (Law) 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 Customary law -- South Africa Women's rights -- South Africa Women

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Denial of inheritance rights for women under indigenous law : a violation of international human rights norms

Denial of inheritance rights for women under indigenous law : a violation of international human rights norms