Denial of inheritance rights for women under indigenous law : a violation of international human rights norms
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Authors
Moodie, Nicolette
Issue Date
2000-12
Type
Dissertation
Language
Keywords
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
Alternative Title
Abstract
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.
Description
Citation
Moodie, Nicolette (2000) Denial of inheritance rights for women under indigenous law : a violation of international human rights norms, University of South Africa, Pretoria, <http://hdl.handle.net/10500/17502>