Property and inheritance rights

The Land and Titles Act (the “Act”) governs matters relating to land and matai titles, including their bestowment. A matai (“chief”) is defined in Part 1(2) as a “person whose title has been registered under the Act”. Matai are leaders responsible for various administrative tasks and maintaining local customs. According to the Act, a person is eligible to be appointed the matai title when they are prepared to serve the community in accordance with its customs and usage.

In Danial Latifi v. Union of India, the Supreme Court addressed the constitutional validity of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (MWPRDA), which appeared to limit a Muslim husband’s obligation to maintain his divorced wife to the iddat period, after which responsibility would shift to her relatives.

This law sets the legal age of marriage without parental consent at 21 years of age. With parental consent, girls may marry at age 16 and men may marry at age 19. Marriages under the legal age are void and there are penalties for knowingly entering into or authorizing child or early marriage.

The Persons and Family Code of Benin which came into force in 2002 contains a number of provisions that protect women’s rights with respect to their spouse, the marital home, and the upbringing of children. For example, Article 1030 provides that uncodified customary law in Benin, which traditionally was discriminatory against women, is superseded by the Persons and Family Code. Article 119 of the Code states that marriage requires the consent of both spouses, and it provides women with the same rights as men in marriage.

The law defines family relationships and establishes certain “rights of the family.” The law prohibits various forms of discrimination against women, including through polygamy, inheritance, age at marriage and choice of children. The law defines marriage as a “voluntary union between a man and a woman”, which requires mutual consent. Coerced marriage is subject to annulment. The law provides that both husband and wife have the right to “represent the family”, to administer the family finances, and to work. The law also outlines provisions for divorce.

The law governs ownership and use of land. Articles 10 and 15 of the law provide that women have the same right as men to use and manage land. The law also provides that land can be inherited regardless of gender. However, article 12 states that land acquisition requires compliance with “customary norms and practices that are not contrary to the Constitution.”

Mrs. Lesia filed an application for relief against her husband, alleging that he abandoned his family, abused her, and was attempting to sell their home without her consent. She alleged that she built and paid for the home, and so sought to have her husband enjoined from selling it. The court issued an interim order granting the requested relief. The defendant disregarded the court order, continued his efforts to sell the home, and threatened to kill Mrs.

The 1999 Law on Equal Opportunities for Women establishes a legal framework to guarantee women’s rights and ensure the conditions necessary to achieve real equality between men and women. In terms of non-discrimination and labor equality, Article 11 requires the State to ensure equal access to employment and equal pay for equal work. Article 15 prohibits dismissing or pressuring women on the basis of pregnancy and allows affected workers to file constitutional actions to restore their rights. Article 17 prohibits job advertisements that discriminate between men and women.

Law No. 10783 of September 18, 1946 enshrines certain civil rights to women in Uruguay. The law provides that men and women have equal civil capacity (Article 1), and a married woman may freely administer and dispose of her own property (Article 2). In the event of a dissolution of marriage, marital property shall be divided equally between spouses or their respective heirs (Article 2). Real estate that constitutes marital property acquired in the name of one spouse may not be alienated without the express consent of both spouses (Article 5).

The Gender Law of 10 May 2007 implements European Union legislation on equal treatment and prohibits all forms of discrimination based on sex, gender reassignment, gender identity, gender expression, pregnancy, childbirth, and motherhood. It explicitly prohibits direct and indirect discrimination, giving instructions to discriminate, harassment, and sexual harassment. The prohibition applies in relation to access to goods and services, social security, social benefits, membership of professional organizations, and employment relations and conditions.