WOMEN LIVING UNDER MUSLIM LAWS
A group of United Nations human rights experts today urged Kenya to repeal sections of the Marriage and Property Act which effectively deny women the right to marital property upon divorce or death of their spouse, unless they can prove they made a contribution to the acquisition of the property during their marriage.
“It is expected that very few women will be able to demonstrate such a contribution under the new provisions, since few Kenyan women have land title deeds in their own names and even less hold deeds jointly with men,” warned independent expert Frances Raday, who currently heads the UN Working Group on discrimination against women in law and practice.
“Such provisions are serious retrogressive steps in the protection of women’s equal access to land and property, and are in violation of Kenya’s international and regional human rights obligations,” Ms. Raday stressed. “They clearly discriminate against Kenyan women and are squarely at odds with equality provisions enshrined in the Kenyan Constitution.”
The Act, which came into force on 16 January 2014, could result in many Kenyan women losing access to the lands where they live and farm. Many rural households in Kenya are headed by women, who rely on the land not only to produce food, but also on the income generated by it to access health care services and educational opportunities for themselves and their families.
“Women will effectively have no security of tenure, or place to live with their children if their husband leaves them or dies, which will also increase their risk of experiencing violence,” the expert added. “The passage of the Act will have a detrimental impact on the right to food, the right to adequate housing and the right to an adequate standard of living for Kenyan women, children and communities.”
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