Base de Datos Género y Derecho a la Tierra


Derechos de la mujer de propiedad y uso de la tierra en los Códigos Civil, de Familia y del Trabajo

December 1999, Marriage and Family Code:
- Spouses have equal rights regarding the ownership, enjoyment and disposition of joint property, regardless of whether it was acquired from the earnings or income of the husband or the wife.
- According to Articles 32, 33 and 37 of the Family Code, property acquired by spouses during marriage is their joint property even if it is registered in the name of one of the spouses. In the event of the division of property jointly owned by the spouses, the spouses are awarded equal shares (13).

1999, Civil Code:
- According to Article 225, marital property is to be held jointly unless the Matrimony Contract establishes another agreement. However, the property belonging to each party before marriage or received as a present or inheritance during marriage will be separate property of the individual who received it.
Separate property can be considered joint property if it is established as a matter of fact that the property was improved to a considerable extent by the joint property of the community or by the individual property of the other spouse (14).

1999, Criminal Code:
- Article 154 states that gender-based violations of the equal rights of nationals which undermine the rights and legitimate interests of nationals are punishable (13).

1999, Labour Code:
- According to Article 16, any discrimination on the job between workers on the grounds of gender is prohibited.
- Article 240 prohibits refusing employment to women on the grounds that they are pregnant or nursing a child.
- Article 243 forbids reducing women’s pay on the grounds that they are pregnant or nursing a child.
- Article 241 states that it is forbidden to assign women heavy labour, work involving harmful conditions and underground work, with the exception of certain types of underground work, namely non-physical work or cleaning and domestic services. Women may not carry or move loads in excess of the limits prescribed.
- Women are given maternity and childcare leave, as provided for in Article 125 (13).

2001 Employment Act:
- As stated in Article 6, one of the main aims of the state employment policy is to ensure that all citizens, irrespective of gender, have equal opportunities to exercise the right to work and to free choice of employment.

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