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

The Revised Family Code, 2000: 

  • Recognizes equality between women and men. It rules over customary law in the regulation of marriages. 
  • Art. 7: men and women below 18 years of age cannot conclude marriage. 
  • Art. 28: all marriages whether civil, religious or customary must be registered (11).
  • Art. 11: Prohibits bigamy.
  • Article 50 [1] grants spouses equal rights in the management of the family (12).
  • Art. 59: recognize the equal rights of a married woman to the possession and administration of personal property.
  • Art. 62: envisages “community of property” in relation to property acquired after marriage. 
  • Art. 66: envisages joint administration of family property. 
  • Art. 68: the consent of both spouses is mandatory for the transfer of common property.
  • Art. 85–93: guarantee the rights to personal property and other matrimonial assets upon dissolution of marriage. Unless otherwise agreed by the spouses, common property is divided equally when the marriage is dissolved.
  • Art. 102: envisages community of property for de facto unions lasting for not less than three years, meaning that a woman who lives with a man without being married still has property rights (12).

Both women and men have use rights to land. Officially, these rights cannot be bought or sold. However, informal markets exist where land is bought and sold without title deed. Land is also rented and sharecropping practices are common in rural areas (12).

The family code allows for joint ownership of land and property in marriage. With some exceptions, the Code makes all marriages in community of property for property acquired after marriage, according to Article 62. Consent of both spouses is required for property transfers, according to Articles 58, 63 and 68 (12).

Labour Proclamation No. 42/1993 of 20 January 1993:

  • Section 87: Protection of women against discrimination in employment and payment.  
  • Section 88: Protection of the pregnant woman.

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