This study examines the practices of Women’s right to property inheritance among the Konso society. It aims to identify various socio-cultural and economic hurdles accounted for women’s disinheritance of property, its impacts on their human rights and assess the effectiveness of both indigenous system and legal action to protect women’s right to property inheritance .Qualitative methodology is employed to conduct this study. FGD with clan heads, elders and selected women are conducted. Similarly, semi-structured interview with victim daughters and widows, judges and women’s affairs department officer is conducted. In-depth interview with KI and also review of inheritance cases from court are employed. The finding of the study reveals that traditional enforcements of inheritance rights either in testate or intestate are excluded women to enjoy their rights, whereas, the legal enforcements are better placed to assist women to secure their rights. The patrilineal and extended family system, perception of women as outsider to clan member, the son guardianship of family, perception of women cannot manage property, social stigma and distrust, and marital status and economic challenges are accounted for the discriminatory inheritance system that excludes women. Finding of the study indicates unequal treatment of men and women, violation of women’s property rights, adequate standard of living and violation of right to family unit and re-marry and violence against women are occurred as a result of discriminatory inheritance system. Finally the study forwards recommendation to realize women’s equal right to property inheritance through awareness creation and establishing link between court and local arbitrators.
Table of Contents
Chapter One
1.1. Background of the Study
1.2. Statement of the Problem
1.3. Research Questions
1.4. Objectives of the Study
1.5. Methodology and Methods of the Study
1.5.1. Population and Sampling Technique
1.5.2. Data Collection Instruments
1.5.3. Data Analysis
1.6. Scope of the study
1.7. Limitations of the study
1.8. Ethical considerations
1.9. Significance of the Study
1.10. Structure of the Study
Chapter Two: Conceptual and Legal Frameworks of Women’s Right to Property Inheritance
Introduction
2.1. Inheritance
2.1.1. Determinants of Women’s Right to Property Inheritance
2.1.1.2. Socio –Cultural Determinants
2.1.1.3. Structural and Legal Determinants
2.2. International Human Rights Framework on Women’s Right to Property and Inheritance
2.2.1. CEDAW and the Right to Property Inheritance
2.3. Regional Human Rights Framework on Women’s Equal Right to Property and Inheritance
2.4. The Scope of Women’s Property Rights
2.4.1. Women’s Right to Land
2.4.2. Women’s Right to Adequate Housing
2.5. State Duty on Equal Right to Property Inheritance
2.5.1. The Duty to Respect
2.5.2. The Duty to Protect
2.5.3. The Duty to Fulfill
2.6. National Human Rights Framework on Women’s Right to Equal property Inheritance
Introduction
2.6.1. The Ethiopian State Obligation under International and Regional Human rights Framework
2.6.2. Principles of Equality and Non-Discrimination under the FDRE Constitution
2.6.3. Women’s Right to Property and Inheritance under FDRE Constitution
2.6.4. The Revised Family Code
2.6.5. The Civil Code of 1960
2.6.6. Customary Practices of Dispute Resolution
2.6.7. The Sharia law
Chapter Three: Context of the Study Area
Introduction
3.1. Location and Population
3.2. Administrative Structure
3.3. Social Organization and Clan Relationship of Konso
3.3.1. Clan and Lineage of Konso
3.4. Economic Activities
3.5. Pattern of Marriage
3.5.1. Bride wealth
3.6. The Role of Women in Konso
Chapter Four: Findings and Analysis of the Study
Introduction
4.1. Traditional Systems of Inheritance among the Konso Society
4.1.1. Land Inheritance
4.1.2. House Inheritance
4.1.3. Other Properties
4.2. Socio-Cultural Factors Hindering Women’s Equal Rights to Property Inheritance
4.2.1. Patrilineal and Extended Family Systems
4.2.2. The Perception of Women as Outsiders
4.2.3. Sons as Guardians of the Family
4.2.4. The Perception of Women on Property Management
4.2.5. Social Stigma and Distrust
4.2.6. Marital Status
4.3. Customary Versus Judicial Dispute Settlement of the Right to Inheritance
4.3.1. Customary Dispute Settlement
4.3.2. The Role of Women in Customary Dispute Settlement Regarding Inheritance
4.4. Formal Adjudication of Women’s Inheritance Rights Dispute
4.4.1. Challenges in Formal Adjudication of Inheritance Rights
4.4.1.1. Issues of Implementation
4.4.1.2. Rate of Withdrawal of Court Cases
4.4.1.3. Financial Constraints
4.5. Implications of Discriminatory Inheritance System on Women’s Rights in Konso
4.5.1. The Right to Equal Inheritance
4.5.2. Women’s Right to Property
4.5.3. The Right to Adequate Standard of Living
4.5.4. The Right to Family and Women’s Right to Re-marry
4.5.5. Implications on Prevalence of Violence against Women
Chapter Five: Conclusion and Recommendation
5.1. Conclusion
5.2. Recommendation
Research Objectives and Key Topics
This study focuses on identifying and analyzing cultural practices and legal enforcements that discriminate against women regarding property inheritance in the Konso society, with the aim to recommend pathways for better protection of their human rights.
- Analysis of socio-cultural and economic factors perpetuating women's property disinheritance.
- Assessment of the effectiveness of indigenous versus legal dispute settlement mechanisms.
- Examination of the human rights implications of discriminatory inheritance, including impacts on well-being and security.
- Evaluation of barriers to formal judicial adjudication and implementation of inheritance rights.
- Formulation of recommendations to advance women's equal rights through legal and awareness-based interventions.
Extract from the Book
4.2.5. Social Stigma and Distrust
Social stigma or exclusion is also another factor which can be accounted for women disinheritance of property in Konso. The members of the community are subjected to cultural indoctrination of the inability or inappropriateness of women inheritance of property. According to results of key informants and female FGD, women who claim inheritance of property are considered as the ‘greedy defectors of the custom’ and more vulnerable to social exclusion. Thus due to the fear of not to be alienated from their family and community women are unlikely to claim inheritance rights, even if they know it deserve for them as reflected in the discussion with female FGD participants.
These social discrimination and distrust is serious particularly for women who claim their inheritance rights through court. One of interviewee, who gained their home upon the death of their father by court decision after the long period, has expressed the problem as:
“While I went back to my home from court, people in the village and on road were pointing at me saying phrases such as ‘the inheritor is coming, inheritor is coming.’ They blamed me for breaking the cultural rule and humiliating my family. And it was so hard for me to bear and was so discouraging and frustrating. Now we are back to using our deceased father’s house by the decision of the court. However, I do fear that the brothers of my deceased father will evict us if my mother dies.”
Summary of Chapters
Chapter One: Provides background, research questions, and the qualitative methodology used to investigate inheritance practices among the Konso society.
Chapter Two: Conceptual and Legal Frameworks of Women’s Right to Property Inheritance: Reviews international, regional, and national legal standards and their intersection with customary and religious inheritance laws.
Chapter Three: Context of the Study Area: Describes the physical, social, and economic settings of the Konso Woreda to contextualize the prevailing social organization and inheritance dynamics.
Chapter Four: Findings and Analysis of the Study: Presents empirical findings on traditional inheritance, socio-cultural barriers, and the challenges within both customary and formal legal dispute settlement systems.
Chapter Five: Conclusion and Recommendation: Summarizes the study’s findings on the discriminatory impact of customary systems and suggests pathways to improve the realization of women’s equal rights.
Keywords
Konso Society, Women’s Property Rights, Inheritance, Discriminatory Practices, Human Rights, Customary Dispute Settlement, Legal Adjudication, Patrilineal Family System, Gender Equality, Women’s Empowerment, Land Tenure, Divorce, Widowhood, Disinheritance, Ethiopia.
Frequently Asked Questions
What is the core focus of this research?
The study examines the practices regarding women's rights to property inheritance within the Konso society of Ethiopia, specifically investigating how traditional and cultural systems often exclude women from inheriting land and other assets.
What are the primary themes discussed in the thesis?
The main themes include the collision between formal legal guarantees of equality and entrenched patriarchal customary practices, the socio-economic vulnerabilities of women and widows, and the limitations of both customary and state-based dispute resolution mechanisms.
What is the ultimate goal of this research?
The primary goal is to analyze the cultural and structural barriers to women's inheritance and provide evidence-based recommendations to help protect and realize these rights within the Konso context.
Which scientific methodology was applied?
The author employed a qualitative research approach, utilizing focus group discussions with clan heads, elders, and women, as well as semi-structured interviews with victims, court personnel, and a review of court inheritance cases.
What content is included in the main section of the document?
The main part of the paper reviews the national and international legal frameworks, details the socio-cultural factors (such as the patrilineal system and gender-based perceptions) that hinder women, and analyzes the challenges women face when attempting to seek justice through legal adjudication.
Which keywords characterize the work?
Key terms include Konso society, Women's inheritance, Property rights, Gender discrimination, Patrilineal system, Customary law, Human rights, and Judicial adjudication.
What specifically does the study say about customary dispute settlement?
The study finds that while customary dispute settlement is more accessible to the local population, it is inherently patriarchal and biased in favor of men, often prioritizing cultural norms over the property rights of women and widows.
How does the author characterize the formal judicial system?
The formal judicial system is described as theoretically better for women because it recognizes their equal legal status, yet its practical effectiveness is significantly limited by financial constraints, withdrawal of cases due to social pressure, and lack of enforcement mechanisms at the local level.
- Quote paper
- Mezgebu Mandefro (Author), 2012, The Practices of Women's Right to Property Inheritance In the Case of Konso Society, Munich, GRIN Verlag, https://www.grin.com/document/1550323
