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Children and women's rights to property and inheritance in Mozambique

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    Book (series)
    Children’s property and inheritance rights and their livelihoods: The context of HIV and AIDS in Southern and East Africa 2006
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    This paper focuses on legal and institutional aspects of children’s property and inheritance rights in Southern and East Africa. Chapter 2 discusses violations of children’s property and inheritance rights and discusses how the spread of HIV/AIDS has contributed to the violations. Chapter 3 assesses several norms of customary law that aim to protect children’s property and inheritance rights as well as the current practices of customary law that—in the context of the HIV/AIDS pandemic—serve to c omplicate and limit children’s ability to maintain their rights. Chapter 4 reviews and assesses a selection of international laws and national laws from the countries in the region that influence children’s property and inheritance rights, emphasizing succession and land laws. Several gaps in national legislation and policy that need to be addressed are identified.
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    Children's Property Inheritance in the Context of HIV and AIDS in Zimbabwe 2008
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    HIV and AIDS has exacerbated the vulnerability of orphaned children who are suffering in a vicious cycle of poverty, food insecurity, lack of access to education, and insecure livelihoods. Moreover, orphaned children are exposed to various forms of abuse by close family members, many of whom are their guardians. Movable and immovable properties that are left by their deceased parents are often confiscated by such guardians. Consequently, orphaned children suffer, not only from materi al impoverishment, but also from emotional impoverishment due to negligence by their close family members. Secure property and inheritance rights to children can provide the basis for their livelihoods, sense of belonging and future after the death of their parents. It cannot be overemphasized that secure property rights are the single most important rights of children in the era of AIDS. Yet, children's property and inheritance rights have not been given sufficient attention. T his paper investigates children's rights to property and inheritance rights as well as local people's interpretation of children's rights to property in selected communities in Zimbabwe as a case study. It analyses the impact of HIV and AIDS on children's rights to property and community responses to property grabbing. The study is an attempt to unpack the complex realities of children's rights to property on the ground. By doing so, the paper provides concrete recommendations to polic y makers and development agencies on what should be done to protect and strengthen children's rights to property. It is our hope that this paper will be the messenger of the children who were interviewed under the study and that our work can contribute to the protection of property rights and the livelihoods of many other children in the near future.
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    Vulnerability and Property Rights of Widows and Orphans in the Era of the HIV and AIDS Pandemic: A Case Study of Muleba and Makete Districts, Tanzania HIV/AIDS Programme, Working Paper 5 2008
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    Safeguarding property rights of vulnerable people is an important policy issue, not least in the quest for poverty reduction in poor societies. This issue has become urgent due to recent developments, including the AIDS epidemic, globalization, climate change and other similar social and natural forces. This study sets out to assess the extent to which property and inheritance rights of widows and orphans are violated or protected in the context of HIV and AIDS in two rural communities in Tanzania. The study takes into consideration two major interrelated aspects: the socio-economic system within which property rights systems are embedded and the constellations of legal pluralism which regulate property rights in Tanzania. While aiming at providing in-depth knowledge on the context and dynamics of the problem, the research goes further to explore the capacity of service providers to protect the property and inheritance rights of women and children.

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