Promoting women’s agency
regime that allows a woman to leave a marriage with a significant share of household assets— lowering the cost of leaving the household and hence making the threat of leaving more credible—might increase her bargaining power, even if she never exercises that right. Conversely, a regime that limits women’s control to the assets she brings to the marriage—which are often fewer than those brought by men45—or to assets she acquires herself, limits her bargaining power. Countries in Latin America and Africa previously colonized by France, Belgium, Germany, the Netherlands, Portugal, or Spain were largely shaped by old codes that they inherited and typically have community of property as a default (box 4.2). Countries from the former Soviet bloc also usually have default community of property regimes. Countries shaped by common or by Islamic law, and countries where polygamy is formally allowed, typically have separate ownership of property as a default (Turkey, with community of property as the default, is an exception among Muslim-majority countries). Sixty percent of the adults in the WDR 2012 qualitative study on gender and economic choice reported that divorce is difficult, and younger adults have only a slightly more positive view.46 Lack of fairness (for women) in the division of assets and custody of children was one of multiple obstacles to divorce mentioned by both men and women surveyed. Opposition by families and communities, social isolation, and stigma were also identified as key impediments to divorce. For many women across the world, widowhood is associated with a critical loss in the use and control of assets, because their husband’s assets revert to his family, and the widows lose control and at times the use of the land and house (box 4.3). While widows are protected in countries with community of property regimes, their situation under separate ownership regimes is weaker. Indeed, default inheritance rights usually award less than half of the estate to the widow; the usual share in Sub-Saharan African ranges from 0 to 30 percent, and customary land is at times excluded from the property widows can inherit (with exceptions in matrilineal societies). In many countries, reforms to strengthen the rights of widows are less advanced than reforms to strengthen the rights of daughters (see figure 4.8). While major reforms affecting women have occurred in other areas of family law and land laws in Kenya, Morocco, Tanzania, and Tunisia,
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They [divorced women] come to their parental home after divorce, but they get no alimony or share of the property from the husband’s side, nor do they get any share of the parental property. . . . In some cases, they are forced to remarry an elderly man so that they can earn a living by working in their master’s or husband’s field. Adult woman, India
When you die, your property is distributed by your relatives, and does not go to your wife or daughter. If you have a son, all property will belong to the son. Young woman, Afghanistan
[Family law] has assisted us. When you leave the man’s home, you divide the property and go with something to begin your new life.
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Adult woman, Tanzania
inequalities affecting widows persist. This shortcoming is partly linked to the underlying premise that male relatives are obliged to look after dependent female relatives. But this obligation is not always fulfilled. Lessons from reforming inheritance rights for daughters could be extended to widows’ rights. Community of property regimes may also help widows where inheritance and intestacy laws do not allow for a 50 percent share. Citizenship laws should also be a focus for reform, because they can also confer rights that affect women’s access to benefits and property for themselves and their families and may be more easily changed than personal laws. Arrangements for the custody of children after divorce can deter a woman from leaving a
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It can get very litigious because now that there are laws stipulating individuals’ rights, compensations are bigger and people are aware of the law.
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Adult man, Bhutan
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