Inheritance
34. Reports of States parties should include comment on the legal or customary provisions
relating to inheritance laws as they affect the status of women as provided in the Convention and
in Economic and Social Council resolution 884D (XXXIV), in which the Council recommended
that States ensure that men and women in the same degree of relationship to a deceased are
entitled to equal shares in the estate and to equal rank in the order of succession. That provision
has not been generally implemented.
35. There are many countries where the law and practice concerning inheritance and property
result in serious discrimination against women. As a result of this uneven treatment, women
may receive a smaller share of the husband’s or father’s property at his death than would
widowers and sons. In some instances, women are granted limited and controlled rights and
receive income only from the deceased’s property. Often inheritance rights for widows do not
reflect the principles of equal ownership of property acquired during marriage. Such provisions
contravene the Convention and should be abolished.
Article 16 (2)
36. In the Vienna Declaration and Programme of Action adopted by the World Conference on
Human Rights, held at Vienna from 14 to 25 June 1993, States are urged to repeal existing laws
and regulations and to remove customs and practices which discriminate against and cause harm
to the girl child. Article 16 (2) and the provisions of the Convention on the Rights of the Child
preclude States parties from permitting or giving validity to a marriage between persons who
have not attained their majority. In the context of the Convention on the Rights of the Child, “a
child means every human being below the age of 18 years unless, under the law applicable to the
child, majority is attained earlier”. Notwithstanding this definition, and bearing in mind the
provisions of the Vienna Declaration, the Committee considers that the minimum age for
marriage should be 18 years for both man and woman. When men and women marry, they
assume important responsibilities. Consequently, marriage should not be permitted before they
have attained full maturity and capacity to act. According to the World Health Organization,
when minors, particularly girls, marry and have children, their health can be adversely affected
and their education is impeded. As a result their economic autonomy is restricted.
37. This not only affects women personally but also limits the development of their skills and
independence and reduces access to employment, thereby detrimentally affecting their families
and communities.
38. Some countries provide for different ages for marriage for men and women. As such
provisions assume incorrectly that women have a different rate of intellectual development from
men, or that their stage of physical and intellectual development at marriage is immaterial, these
provisions should be abolished. In other countries, the betrothal of girls or undertakings by
family members on their behalf is permitted. Such measures contravene not only the
Convention, but also a woman’s right freely to choose her partner.
39. States parties should also require the registration of all marriages whether contracted
civilly or according to custom or religious law. The State can thereby ensure compliance with
the Convention and establish equality between partners, a minimum age for marriage,
prohibition of bigamy and polygamy and the protection of the rights of children.