性别和土地权利数据库

Mozambique

法律和习惯法之间的差异

Even though Article 30 of the Family Law bans marriage before the age of 18, early marriages occur frequently, especially in rural areas. Young girls are often taken out of school prematurely in order to be married (14).

Although Article 16(2) of the Family Law formally states that marriage is monogamous, polygamous marriages are widely practised (14). 

Although the Land Law of 1997 guarantees men and women equal rights to land use and benefits, under customary practices male relatives or husbands regulate women’s access to land (11). More specifically, article 12 states that the right of use and enjoyment of land is acquired through occupation by individuals and local communities according to the relevant existing norms and practices, provided they do not come into contradiction with the constitution. Nevertheless, the fact that the article does not specifically enter into the detail of such norms,   hampers the accurate consideration of those discriminatory customary practices which are often contrary to both customary and statutory law, which proclaim the equality of women and men’s access to and use of land (9). 

Even though the Constitution prohibits discrimination on the grounds of sex, the labour market for women in the formal labour sector remains small and, as a result, working women are marginalized. Women are confined to household chores and primary education in order to fulfil their roles as wives and mothers; there are strong limitations to their access to education (11). 

料来源: 括号 * 中的数目是指源示在参考目。