Discrimination And Women's Right Of Inheritance
2. Discrimination and Women’s Right of Inheritance
Discrimination means “unfair treatment of a person or group on the basis of prejudice”2. Discrimination against women may be racial, age; sex etc and it include inheritance, health, education, employment, social status, harassment etc. The convention on the elimination of all forms of discrimination against women is a critical tool to achieve the full realization of equal rights for women worldwide by addressing discrimination in civil, cultural, economic, political and social domains.
2.1. Inheritance defined
Inheritance in common parlance means money or property derived from one’s parents or ancestor.3 In legal terms it is the property received from an ancestor under the laws of inheritance or a property that a person receives by bequest or devise.4 The inheritance rules are deemed as characteristic of a developed civilization, and meant to ignore claims outside the direct line. In order to understand women's right of inheritance, it is pertinent to observe the historical facts that have a direct effect on the prevalent customary practices; the details of which are discussed as follow;
2.2. Background
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It started as a deviation from the customs belief of burying wealth, widows and slaves a long with the deceased. Behind the improvement of this tradition, it seems the motive of the heir to prevent the reduction of his inheritance. Another aspect may be to prevent personal property from destruction and to pass it only to a near relative. The succession and rules of inheritance developed in this perspective. It is difficult to determine how the concept of women’s right to inheritance progressed worldwide prior to religious directives. The history reveals following concepts in relation custom, tradition and laws of diverse
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