CEDAW/C/60/D/48/2013
recalls that it is specifically mentioned in general recommendation No. 29 that
States parties are required to ensure that disinheritance of the surviving spouse is
prohibited. 29
7.3 As stated in its general recommendation No. 21, the Committee stresses that
the rights provided in article 16 (1)(h) overlap with and complement those in
article 15 (2) in which an obligation is placed on States parties to give women equal
rights to administer property. 30 It is the Committee’s view that the right of women
to own, manage, enjoy and dispose of property is central to their financial
independence and may be critical to their ability to earn a livelihood and to provide
adequate housing and nutrition for themselves and for their children, especially in
the event of the death of their spouse. 31
7.4 The Committee further recalls that, under article 13 of the Convention, States
parties are required to take all appropriate measures to eliminate discrimination
against women in areas of economic and social life, in particular with regard to their
right to bank loans, mortgages and other forms of financial credit.
7.5 In addition, the Committee recalls that the application of discriminatory
customs perpetuates gender stereotypes and discriminatory attitudes about the roles
and responsibilities of women and prevents women from enjoying equality of status
in the family and in society at large.
7.6 In the present case, the Committee notes that inheritance matters are governe d
by multiple legal systems in the State party and that the authors have been subjected
to Sukuma customary law on the basis of their ethnicity. 32 The Committee also notes
that, although the State party’s Constitution includes provisions guaranteeing equali ty
and non-discrimination, the State party has failed to revise or adopt legislation to
eliminate the remaining discriminatory aspects of its codified customary law
provisions with regard to widows. Consequently, the authors were deprived of the
right to administer their husbands’ estates and excluded from inheriting any property
upon the death of their spouses. The Committee considers that the State party’s legal
framework, which treats widows and widowers differently in terms of their access to
ownership, acquisition, management, administration, enjoyment and disposition of
__________________
29
30
31
32
15-05820
limited and controlled rights and receive income only from the deceased’s property. Often
inheritance rights for widows do not reflect the principles of equal ownership of property
acquired during marriage. Such provisions contravene the Convention and should be abolished.”
General recommendation No. 29, para. 53. It is also mentioned in the paragraph that States
should ensure that “property dispossession/grabbing” is criminalized and that offenders are duly
prosecuted. In that respect, see para. 50: “In some States parties, widows are subject to
‘property dispossession’ or ‘property grabbing’, in which relatives of a deceased husband,
claiming customary rights, dispossess the widow and her children from property accumulated
during the marriage, including property that is not held according to custom. They remove the
widow from the family home and claim all the chattels, then ignore their concomitant customary
responsibility to support the widow and children. In some States parties, widows are
marginalized or banished to a different community.”
General recommendation No. 21, para. 25.
Ibid., paras. 26-28. See also general recommendation No. 29, para. 49: “Many States parties, by
law or custom, deny widows equality with widowers in respect of inheritance, leaving them
vulnerable economically upon the death of a spouse.”
See general recommendation No. 29, para. 12, and general recommendation No. 28 , para. 18,
on intersectional discrimination.
11/13