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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
1

Divorce in Ghana : an examination of woman's 'Property Rights'

Atta-Boahene, Marian C.D. 10 October 1900 (has links)
Ghana has ratified international instruments that promote respect for and enjoyment of rights of all persons including women. This includes the right of men and women of full age to marry and found a family and its subsequent entitlement to equal rights as to marriage, during marriage and at its dissolution.1 Article 23 of the International Covenant on Civil and Political Rights (ICCPR)2 goes further as to place a responsibility on states to take appropriate steps to ensure equality of rights and responsibilities of spouses as to marriage, during marriage and at its dissolution. Article 16(c) and (h) of the Convention of the Elimination of All Forms of Discrimination Against Women (CEDAW)3 also reiterates this and sets out in clear terms that states must ensure the same rights for both spouses in respect of the ownership, acquisition, management, administration, enjoyment and disposition of property, whether free of charge or for a valuable consideration. At the regional level, Article 7(d) of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (the Women’s Protocol)4 also provides that in case of separation or divorce, women and men shall have the right to an equitable sharing of the joint property deriving from the marriage. Relating the above provisions to women, it is evident that in addition to the right to marry, women have a right to own property during marriage, and a right to access and ownership of such property on separation or divorce and state parties are bound to ensure the protection of this right. / Thesis (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2010. / Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Mrs. Seojore Biltoo of the Faculty of Law & Management, University of Mautitius, Mautitius. 2010. / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

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