Property and inheritance rights

The Constitution provides for the general principles of equality and non-discrimination. Article 4 provides that democracy shall be exercised based on diversity of political institutions, ideologies and opinions. It also provides that the ideologies of different entities may not be made mandatory for citizens. Article 14 provides that the State shall regulate relations among social, ethnic and other communities on the basis of principles of equality before the law and respect of rights and interests. Article 16 states that religions and faiths shall have equality before the law.

Article 11 guarantees fundamental rights and freedoms to all persons regardless of sex, ethnicity, race, political opinion, or national origin. Article 18 prohibits employment discrimination based on sex. Article 23 provides that the property obtained by a person during marriage because of his or her own labor shall not be used to satisfy the obligations of his or her spouse, nor shall the property be controlled by a spouse.

In recognition of the inherent dignity and worth of each human, Article 12 requires that the State and all persons recognize and protect human rights and afford the fullest protection to the rights and views of all individuals, groups, and minorities. All persons have equal status before the law. Limitations of rights are only justifiable insofar as they ensure peaceful human interaction in the context of an open and democratic society.

Section 15 (Protection from Discrimination on Grounds of Race etc.) of the Constitution of Saint Christopher (St. Kitts) and Nevis prevents provisions of law that are discriminatory in nature or effect, as well as discrimination by individuals acting under the law, or on behalf of public office or authority. “Discriminatory” includes discrimination based on gender.

Constitution of Saint Lucia, Chapter I Protection of Fundamental Rights and Freedoms: Section 1 Fundamental rights and freedoms and Section 13 Protection from discrimination on the grounds of race, etc.

Article 15 of the Constitution of the Republic of Ghana relates to respect for human dignity and prohibits torture or cruel and inhuman punishment. Article 16 prohibits involuntary servitude or slavery. Article 17 relates to equality and non-discrimination and establishes that every person in Ghana is equal before the law. To this end, Article 17 specifically prohibits discrimination on the grounds of gender, race, color, ethnic origin, religion, creed, or social or economic status.

Article 21 of the Constitution of Republic of Uganda prohibits gender discrimination generally and enshrines the principle of equality before the law, regardless of sex, race, color, ethnicity, tribe, religion, political belief, or social or economic standing. Article 31 sets the minimum age for marriage at 18 and provides for equal rights between men and women during marriage and divorce. Article 33 pertains specifically to the rights of women and requires that (1) the government must provide opportunities to enhance the welfare of women and enable them to reach their full potent

Zimbabwe’s new 2013 Constitution addressed women’s rights and gender equality, and its bill of rights addressed damaging cultural and discriminatory practices. A gender commission was also established to accelerate the implementation of provisions related to women. More specifically, the Constitution recognized gender equality and women’s rights among Zimbabwe’s founding values and principles.

The proceedings concerned the plaintiff’s entitlement to an interest in seven properties purchased by the defendant in his name during and after their nine-year relationship.  The plaintiff brought a claim under Part 9 of the Property Law Act 1958 (Vic), requesting that the Court adjust the interests in the properties on the basis of her financial and non-financial contributions to the relationship.  While the parties were not married, the court was satisfied that on the balance of probabilities, they were in a genuine domestic relationship, considering factors such as their co-ha

The appellant sued his ex-wife, the respondent, regarding the division of property acquired during the marriage as the ex-spouses’ joint property. The appellant noted that during their marriage, the spouses accumulated funds that were kept in the respondent’s bank account. However, immediately after the divorce, the respondent independently managed the funds and bought an apartment. The appellant’s main argument was that, according to Ukrainian family law, the dissolution of marriage does not terminate the right of joint co-ownership of property acquired during the marriage.