Inheritance
and Property in Marriage:
The
Bahamas Chile
Lesotho
Nepal
Employment:
Australia
Bolivia
Cameroon
China
France
Latvia
Madagascar
Switzerland
The Inheritance Act:
Section 7.
None of the Maternal Ancestors of the Person from whom the Descent is to be traced, nor any of their Descendants, shall be capable of inheriting until all his Paternal Ancestors and their Descendants shall have failed; and also that no Female Paternal Ancestor of such Person, nor any of her Descendants, shall be capable of inheriting until all his Male Paternal Ancestors and their Descendants shall have failed; and that no Female Maternal Ancestor of such Person, nor any of her Descendants, shall be capable of inheriting until all his Male Maternal Ancestors and their Descendants shall have failed.
Note: Chapter 3 of the Constitution of The Bahamas: ". . . every person in The Bahamas is entitled to the fundamental rights and freedoms of the individual, that is to say, has the right, whatever his race, place of origin, political opinions, colour, creed or sex, . . . life, liberty, security of the person and the protection of the law . . . ."
Office of the Prime Minister
Sir Cecil Wallace Whitfield Centre
West Bay Street, P.O. Box CB-10980
Nassau, New Providence
The Bahamas
Phone: 1-242-327-5826
Fax: 1-242-327-5806
Also refer to Women's Action 16.2, November 1999 Update
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Chile
The Civil Code:
Article 1749. The marital partnership is to be headed by the husband, who shall administer the spouses joint property as well as the property owned by his wife, subject to the obligations and limitations set forth in this Section and those agreed to at the time of marriage.
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Palacio de la Moneda Oficina del Presidente Santiago, Chile Phone: 562-690-4000 Fax: 562-698-4656 |
Deeds Registry Act (No.12 of 1967):
No immovable property shall be registered in the name of a woman married in community of property.
Note: Article 18 of the Constitution of Lesotho: ". . . no law shall make any provision that is discriminatory either of itself or in its effect . . . . In this section, the expression discriminatory means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. . ."
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The Royal Palace P.O. Box 524 Maseru, Lesotho |
c/o The Government Secretary P.O. Box 527 Maseru 100, Lesotho Phone: 266-22-311-150 Fax: 266-22-311-178 |
Muluki Ain, No. 2 of the Chapter on Succession:
For purposes of inheritance, daughters shall have no title as long as the husband, wife, son or grandson (on the male side) of the deceased is extant. In the absence of such survivor, the daughter (of the deceased) shall have the right to inherit his property. In case the daughter is unmarried, she shall inherit two portions of the property (of the deceased person), and if she is married, she shall be entitled to only one-portion of the succession. In the absence of a daughter, the inheritance shall go to the nearest relatives within seven generations.
A woman has to complete at least 15 years of marriage and attained the age of 30 to obtain a share of the property from her husband.
An unmarried daughter who has completed the age of 35 years is entitled to have an equal share as a son is entitled to.
If she gets married or elopes with anyone after receiving such share, the property remaining after deducting from such share her marital expenses shall go to her successors in accordance with law.
Note: Article 11 of the Constitution of Nepal: "No discrimination shall be made against any citizen in the application of general laws on grounds of religion, race, sex, caste, tribe or ideological conviction or any of these." In Nepal, womens activists have for years been advocating new legislation to give women equal rights in the partition of family property. Following a Supreme Court decision which considered the current law and ordered the government to propose new legislation, the Government introduced a bill which gave women the right to a share of partition property at birth (rather than age 35, if still unmarried) but provided that the property must be returned upon marriage. Even this bill was controversial and did not succeed in the legislature.
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Office of the Prime Minister His Majesty's Government Singha Durbar Kathmandu, Nepal Phone: 977-1-427-296 Fax: 977-1-427-286 |
Sexual Discrimination Act of 1984:
Section 43. Combat duties, etc.(1) Nothing in Division 1 or 2 renders it unlawful for a person to discriminate against a woman on the ground of her sex in connection with employment, engagement or appointment in the Defence Force:
(a) in a position involving the performance of combat duties; or(b) in prescribed circumstances in relation to combat duties.
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Office of the Prime Minister Parliament House, Suite MG8 26000 Canberra, Australian Capital Territory Australia Phone: 61-2-6277-7700 Fax: 61-2-6273-4100 |
The General Labor Law:
Chapter VI. The Work of Women and MinorsArticle 60. Women and children under the age of 18 shall only work during the day, except in the fields of nursing, domestic service and others which shall be determined.
Note: Article 6 of the Constitution of Bolivia: "All human beings have legal status and judicial capacity in accordance with the laws. They enjoy the rights, liberties and guarantees recognized by this Constitution, without distinction of race, sex, language, religion, political or other opinion, national origin, or economic, social or other condition."
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Palacio del Gobierno Plaza Murillo La Paz, Bolivia Phone: 591-2-202-321 Fax: 591-2-204-213 |
The Civil Status Registration (Ordinance No. 81-02 of 29 June 1981):
Article 74.(1) A married woman may exercise a trade different from her husband.
(2) The husband may object to the exercise of such a trade in the interest of the marriage or their children.
(3) The President of the Court with jurisdiction shall decide by order on such an objection by the husband within ten days of being seized of the matter. His decision shall be rendered free of charge and shall be taken only after the parties have been heard.
Note: Preamble to the Constitution of Cameroon: "All persons shall have equal rights and obligations . . . the State shall provide all its citizens with the conditions necessary for their development."
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Office of the President Yaounde, Cameroon E-mail: celcom@camnet.cm |
The Labour Act (1994):
Chapter VII. Special Protection for Female and Juvenile Workers
Section 59.
It is prohibited to arrange female workers to engage in work down the pit of mines, or work with grade IV physical labour intensity as stipulated by the State, or other work that female workers should avoid.
Note: Article 48 of the Constitution of China: "Women in the People's Republic of China enjoy equal rights with men in all spheres of life, in political, economic, cultural, social and family life. The state protects the rights and interests of women, applies the principle of equal pay for equal work to men and women alike and trains and selects cadres from among women."
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Beijingshi 100032 Peoples Republic of China |
Guowuyuan 9 Xihuangchenggenbeijie Beijingshi 100032 People's Republic of China Fax: 86-10-6-512-5810 |
The Labor Code:
Article L.213-1. Women cannot be employed to do any night work in factories, mines or quarries, building sites, workshops or any related workplaces of any nature, be they public or private, civil or religious, even if such establishments are for the purpose of professional education or charitable work, or in public or ministerial offices, professional enterprises, civil companies, professional unions or associations of any kind.
Note: The European Community Directive 76/207 of February 9, 1976 sets forth a general principle of equal treatment for men and women workers with respect to working conditions. The European Court of Justice, in a ruling on July 25, 1991 based on Directive 76/207, condemned the French law governing womens night work. In a ruling of March 13, 1997, the European Court of Justice condemned the French Government for its failure to rid its labor laws of the provisions on womens night work and demanded that France modify its laws to conform to the European Community Directive. In November 1998, the European Commission began a procedure under Article 171 of the Treaty of Rome which allows the Commission to propose financial sanctions against member states of the European Union which fail to conform their laws to EU Directives. The European Commission has proposed that the European Court of Justice impose a daily fine of 142,425 euros payable until France complies with the Directive.
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Office of the President Palais de L'Elysee 55-57 rue du Faubourg Saint Honore 75008 Paris, France Phone: 33-1-42-92-81-00 Fax: 33-1-42-42-24-65 |
57, rue de Varenne 75007 Paris, France Phone: 33-1-42-75-80-00 |
The
Labour Code (as modified by the March 17, 1992
Law of the Supreme Council of the Republic of
Latvia):
Chapter Eleven--Women at Work:Section 168. It shall be prohibited to employ women in jobs with hard and hazardous working conditions. . . .
Section 169. It shall be prohibited to involve women in work during night-time, except such kinds of work where it is highly necessary.
Section 170. It shall be prohibited to involve pregnant women and women with children under three years of age in night-time and overtime work, in work on holidays and festive days, as well as to send them on business trips.
Section 171.1. It shall be prohibited to involve pregnant women and women with a child under the age of 14 (a handicapped child--under the age of 16) in duty work after the end of the working day, during night-time, on holidays and festive days.
Note: Article 91 of the Constitution of Latvia: "All human beings in Latvia shall be equal before the law and the courts. Human rights shall be realized without discrimination of any kind."
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Pils 3 LV-1900 Riga Latvia Phone: 371-709-2106 Fax: 371-732-5800 E-mail: chancery@president.lv |
The Labor Code (Law # 94-029 of Aug. 25, 1995):
Article 92. . . . It is forbidden to employ women in any night work notably in factories, plants, mines and quarries, construction, workshops of such a nature, public or private, secular or religious, even when these establishments have a professional teaching or charitable character.However, night work of women can be authorized by the minister in charge of labor in certain establishments, at the request of the employer and after the inquiry by the work inspector responsible for conditions of employment.
Note: Article 8 of the Constitution of Madagascar: "The State shall prohibit all discrimination based on sex, education, wealth, origin, race, religion, or opinion."
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Office of the President Ambohitsirohitra 101 Antananarivo, Madagascar |
Palais de Mahazoarivo Antananarivo, Madagascar |
Order on the Organization of the Army:
Chapter 4. Women in the Military.Article 11. Women in the military service are assigned to the arms and auxiliary services set forth in article 4 of the AFOA. The following principles apply:
. . . .c. Women may not be assigned to a function requiring the use of personal arms other than for self-defense;
Note: Article 4 of the Constitution of Switzerland: "Men and women have equal rights. The law shall provide for their equal treatment, especially as regards family, education and work. Men and women are entitled to equal pay for equal work."
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Federal Chancellery Bundeshaus-West Bundesgasse CH-3003 Berne, Switzerland Phone: 41-31-322-2111 Fax: 41-31-322-3237 |
Women's Action 16.1: Overview, July 1999
Women's Action 16.2: November 1999 Update
Women's Action 16.3: March 2000 Update
Women's Action 16.4: July 2000 Update