Women's property rights under CEDAW

Author / Creator

Álvarez, José E., author

Available as

Online

Physical

Summary

"The gender gap with respect to wealth and property is a chasm. For over 40 years the leading international treaty on the rights of women, the Convention on the Elimination of All Forms of Discrimi...

"The gender gap with respect to wealth and property is a chasm. For over 40 years the leading international treaty on the rights of women, the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), has been generating jurisprudence interpreting CEDAW's obligations demanding that states protect the equal rights of women as partners in recognized relationships, family rights more generally (including inheritance), rights to land, adequate housing (including for those subjected to domestic violence), financial credit, social benefits, intellectual property, and other economic rights dependent on equal access to justice. This book surveys and assesses the CEDAW Committee's General Recommendations, Views in response to communications, Concluding Observations in response to State reports, and Reports on Inquiries addressing these rights. It finds that the underlying jurisprudence is dramatically different from property protections under the international investment regime, is much more convergent with that under other international human rights regimes, but unique in its focus on addressing the underlying patriarchal structures, stereotypes, and forms of intersectional discrimination that have underpinned the impoverishment of women all around the world. It concludes that CEDAW's re-engendering of property, although a flawed work in progress, has the potential to be transformative"--

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