The importance of property rights in providing the incentive to
invest, work hard, and innovate has been recognized for centuries. Yet,
many women in Africa do not have the same property rights or formal
legal capacity enjoyed by men. Empowering Women: Legal Rights and
Economic Opportunities in Africa documents the extent to which the
legal capacity and property rights vary for women and men, and analyzes
the impact this has on women’s economic opportunities.
The book introduces the 'Women’s Legal Economic
Empowerment Database – Africa (Women LEED Africa).' This
database covers all 47 countries in Sub-Saharan Africa, providing
indicators and links to constitutions, ratified international
conventions, and domestic statutes where there are gender gaps in legal
capacity and property rights. It shows how and where, despite universal
constitutional recognition of non-discrimination, many countries have
exceptions in areas of marriage, ownership, and control over property
and inheritance. With less secure property rights, women in these
countries do not have the same ability - or incentive – to
accumulate and control assets and thus to access finance or to grow
their businesses.
After laying out the various gender gaps in legal capacity and
property rights, the book addresses the additional challenges stemming
from legal systems with a multiplicity of sources of law. Overlapping
legal systems themselves add uncertainty to defining women’s
economic rights. The authors use case law to trace out the implications
for women’s rights and to provide examples of effective
reforms.
The book recognizes that beyond de jure differences, women may face
greater practical constraints in having their rights protected. This
book spells out specific steps that can be taken to address gender gaps
both in formal property rights and in practical constraints in
accessing justice.
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