Rights of women to property, a case study of Isingiro district, Uganda,

Abstract

This research was based on examination of the rights of women to property. It was based on three specific objectives; to illustrate the law governing protection of women's rights to property ownership in Isingiro district, to examine the effectiveness of mechanisms of enforcing women's rights in Isingiro district and examination of the strategies to be employed in enforcing women's rights towards property ownership in Uganda. The study was based on a doctrinal research methodology using legal sources from the library of Kampala International University, Makerere University, Human Rights commission and other relevant literature from legal resources concerning women and their privileges towards ownership of property. The law governing protection of women's rights to property ownership in Uganda involves the constitution of the republic of Uganda 1995 as amended, Marriage Act of 2000, The Land Act 1998 and Succession Act among others. The mechanisms of enforcing women's rights in Uganda are still being challenged by especially traditional beliefs on marriage. The study concluded that property rights are claims to property that are legally and socially recognized and enforceable by external legitimized authority. These rights can be in the form of actual ownership or usufruct, the rights of use. The study recommended the government to strengthen efforts to eliminate practices and belief that hinder women from owning property. A strategic action plan geared to achieving this objective must be put in place without delay, involving both governmental and non-governmental actors which should not be perceived as long-term, distant or unattainable. It also called for trainings for police that provide information on women's human rights, violence against women, cultural sensitivities, and "honour"-based violence, including its prevalence, defining characteristics, risk factors and consequences should be embarked on. The legislature was also advised to take measures to curb excesses like commercialization of the bride wealth. Such parties should be encouraged to resort to those laws and the remedies they offer.