Base de Datos Género y Derecho a la Tierra


Discrepancias/vacíos entre derecho escrito y derechos consuetudinarios


Although Article 17[1-2] of the Constitution guarantees equality to all people and prohibits discrimination based on gender, Article 17[4] permits exceptions on matters pertaining to personal law such as adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law (13).

Although the Intestate Succession Law requires that a portion of the deceased person’s property must be left to the spouse, community traditions continue to override this measure because, customarily, land is considered part of the family’s lineage and widows are not part of it (21).

Women and men have equal rights in relation to access to property, as provided for by Article 18[1] of the Constitution. However, customary law considers property as a family asset to be administered by the family head who is usually a man (16).

The Children’s Act of 1998 grants parental authority to both parents, who share responsibility for child care; however, under customary patrilineal systems, children are deemed to belong to the father’s extended family. If the marriage is dissolved, the husband usually acquires custody of non-infant children (16).

The Marriage Ordinance of 1884 states that marriages are to be monogamous. However, both customary law and Islamic Sharia law allow polygamy which is widely practiced (16). It is estimated that polygamous unions are about 23 percent of all marriages (15).

Fuentes: los números entre paréntesis (*) se refieren a las fuentes que están en la sección de Bibliografía