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Property and inheritance rights

Property and inheritance rights address women’s and gender minorities’ access to ownership and inheritance of land, housing, and assets.

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Bergaust v. Flaherty

The plaintiff, a mother, brought a petition for child support against the putative father.  The two met during a trip to France and had a long-distance relationship for 18 months.  After returning to Virginia from another visit to the defendant in France, the plaintiff learned she was pregnant.  Because the defendant was her only sexual partner during the relevant time period, she informed the defendant that the child was his.  The defendant said he would help in any way he could and called twice a week during the pregnancy.  Their child was born in Alexa

Bhe and Others v. Khayelitsha Magistrate

This judgment constituted three related cases (Bhe, Shibi and SAHRC), which were decided together and concerned the African customary law rule of primogeniture. In Bhe, a mother brought an action to secure the property of her deceased husband for her daughters. In Shibi, the applicant was denied the right to inherit from her deceased brother’s intestate estate under African customary law.

Bosanac v. Commissioner of Taxation, High Court of Australia (2022)

Bosanac v. Commissioner of Taxation, decided by the High Court of Australia, concerned the ownership of a residential property in Perth, Western Australia. The husband and wife lived in the property from 2006 until 2015, despite separating in 2012–2013. Although the property was paid for using funds from a joint loan account and secured against properties owned separately by the couple, it was registered solely in the wife's name.

C.M. v. B.M.B.

Following an assault by her husband (which was interrupted when he sustained a heart attack and had to be hospitalized), a woman temporarily moved into a small studio above the shop she rented and in which she worked. She brought divorce proceedings shortly after the assault, which resulted in a lower court restraining order on both parties.

Case of the Yakye Axa Indigenous Community v. Paraguay

The Inter-American Commission on Human Rights alleged that, by not respecting ancestral property rights, the Government of Paraguay threatened the Yakye Axa Indigenous Community’s access to food, water and health care, and survival in violation of Articles 4 (right to life), 8 (right to fair trial), 21 (right to property) and 25 (judicial protection) of the American Convention on Human Rights.

Caso No. 554/06.8TMSTB.E1.S1 (2010)

Case No. 554/06.8TMSTB.E1.S1 (2010)

The husband (plaintiff) initially filed a contested divorce lawsuit against his wife, based on the couple's de facto separation over more than three years ago. The wife (defendant) then filed a counterclaim, alleging that the marital separation occurred after discovering that the plaintiff had an extramarital relationship with another woman.

Charter of Human Rights and Responsibilities Act (Victoria)

The Charter of Human Rights and Responsibilities Act (Victoria) aims to protect and promote the human rights set out in Part 2, including property rights and freedom from forced work (slavery), as well as the right to enjoy those human rights without discrimination. With respect to any proposed new law, the member of Parliament proposing the law must prepare a 'statement of compatibility', which must examine the proposed law’s compatibility (or incompatibility) with the human rights protected in the Charter.

Children's Act

This Act consolidates the laws relating to children. It provides an overview of children’s rights, delineates the broad requirements concerning child maintenance and adoption, regulates child labor and apprenticeship, and discusses other ancillary matters concerning children generally. Part 1, Sub-Part 1 specifies several children’s rights and parental duties such as the right to parental property, education and well-being, social activity, and opinion. This Sub-Part also protects children from exploitative labor, torture, degrading treatment, and forced betrothal, dowry, or marriage.

Children's Status Act

Among other things, the Children’s Status Act gives children born out of wedlock the same legal privileges as children born to married couples (e.g., inheritance rights, custody, guardianship, etc.) and provides various legal mechanisms (e.g., court orders) to protect these rights. 

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