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Women's Access to Inheritance Property Rights for Their Economic Empowerment in Albania

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Women's Access to Inheritance Property Rights for Their Economic Empowerment in Albania Queens University of Belfast European Master’s Degree in Human Rights and Democratisation A.Y. 2017/2018 Women’s Access to Inheritance Property Rights for their Economic Empowerment in Albania Author: Kristi Kola Supervisor: Alice Panepinto Abstract This work focuses on a much-neglected issue: the links between inheritance property rights, economic empowerment and domestic violence in Albania. It outlines why in Albania, where, despite of having a progressive gender neutral legislation with regard to inheritance property rights and despite that inheritance is considered as the main way for women to access property rights, few women own land either as wives or as daughters. A complex range of factors, legal, social, institutional, and ideological - are found to underlie the persistent gap between women’s rights to inherit property. This work furthermore, tries to explain that it is precisely due to barriers to ownership, highlighting the importance of access to property rights for women’s economic empowerment, that women in Albania are living in very difficult economic conditions, consequently very often they found their selves as being victims of domestic violence as a result of economic dependency. Hence, this thesis suggests that women’s access to inheritance property rights in Albania is of a great importance as a tool for their economic empowerment, and for an end to domestic violence. 2 Table of Contents Introduction .................................................................................................................................. 4 Research context ..................................................................................................................................... 4 Research question and aims .................................................................................................................... 7 Methodology and structure ..................................................................................................................... 7 Challenges of Albanian women accessing inheritance property rights .................................... 11 Egalitarian inheritance legal framework ............................................................................................... 11 Features and general provisions of inheritance under the Republic of Albania Civil Code ........... 12 Equal rights on paper vs. continued discrimination in practice ...................................................... 17 Tracking the origins of discrimination against women in matters of inheritance. ................................ 23 Women’s inheritance property rights under customary law ............................................................ 23 Communist regime and women’s access to inheritance property rights .......................................... 26 Women, property, inheritance and economic empowerment ................................................. 28 Property rights and women economic empowerment ...................................................................... 31 Inheritance as the main avenue for women accessing property rights ............................................ 38 Barriers to ownership of properties affecting women’s economic empowerment and domestic violence in Albania ...................................................................................................... 43 Consequences of ownership barriers in the economic status of women in Albania ........................ 44 Property ownership as one escape option from violence for women in Albania ............................. 46 Conclusion ................................................................................................................................... 50 Bibliography ................................................................................................................................ 52 3 Introduction Research context Property, in all its forms, is valued and recognised in all societies, as the principal asset/key factor influencing and enhancing an individual’s socioeconomic status. Historically, in developing countries, there has always been a significant difference between the rights of men and women in relation to property ownership and inheritance rights.1 In recent times, many countries have moved to address this imbalance, by legislative changes, which appear, at least on paper, to bring equality to bear on the matter. However, how these changes operate in reality, often bears little resemblance to the spirit in which the legislation was rewritten. 2 This is unfortunate, as no real progress can be made unless the new laws, and the rights they ascribe to are respectfully and rigorously enforced. Only then can they have the desired impact on the economic status of women and society, and contribute to the empowerment of women across different areas of life. However, on a more positive note, some studies3 conducted in different countries worldwide, have indicated that, when properly implemented, these laws have had very impressive positive effects on the societies in question. Strengthening women’s property rights, has been shown4 not only not only increase their bargaining power within the family, providing them with a sense of security and confidence, but also contributes to a higher status for them in society generally, ensures better education, health and nutrition for their children, and contributes to the reduction of gender-based violence.5 In addition to this, by guaranteeing women’s property rights we are providing women with an economic tool that they can use in 1 Food and Agriculture Organization of the United Nations, Governing land for women and men. A technical guide to support the achievement of responsible gender-equitable governance of land tenure, (FAO 2013). 2 In India, the Hindu Succession (Amendment Act) of 2005 provides for equal inheritance regardless of gender, but the Muslim Personal Law does not, so people of different religions are treated differently; In Mozambique, statutory land law is gender-equitable and has clear provisions on equal rights for women and men. Decisions about land are generally based on customary law, as long as it is consistent with the Constitution and the Land Law, including provisions on gender equity; In Kyrgyzstan and Tajikistan, although national laws recognize women's rights to land, housing and property, customary law and traditional patriarchal approaches often prevail. 3 The Centre on Housing Rights and Evictions (COHRE) Bringing Equality Home. Promoting and Protecting the Inheritance Rights of Women. A Survey of Law and Practice in Sub - Saharan Africa, ( COHRE 2004). 4 International Center for Research on Women, ‘Property Ownership and Inheritance Rights of Women for Social Protection – The South Asia Experience Synthesis Report of Three Studies’, (ICRW 2006); Bina Agarwal, ‘Gender and Command Over Property: A Critical Gap in Economic Analysis and Policy in South Asia’, [1994] vol 22 iss 10 World Development, <https://doi.org/10.1016/0305-750X(94)90031- 0> accessed 1994. 5 International Organization for Migration, 'Barriers to Women’s Land and Property Access and Ownership in Nepal', (IOM 2016). 4 order to challenge domestic violence and the imbalance of power inherent in such behaviour, - a phenomenon impacting in very real and serious ways on the lives of women across the world. Indeed, recent research has suggested that security and ownership of land decreases the risk of domestic violence for some women, because economic independence means they are empowered to leave an abusive relationship.6 In relation to Albania, because of its history, the Albanian Civil and Family Codes present us with a very interesting case, to be considered in terms of inheritance property rights. The history of the family in Albania is a story of established customs and norms, which evolved from a feudal and rural past and are rooted in patriarchal social relations.7 These customs were, and in many cases, still are, a reflection of a complex code of unwritten law that was elaborated, cultivated, and practiced with specific regard to social relations of the family.8 Albanian society has been characterized as patriarchal, where a male head typically assumes the role of decision maker and financial controller of all the family business.9 Women had no property rights, no right to property inheritance.10 This description of traditional Albanian society serves as a historical reference point, by which we can analyse what occurs with regard to the actual legal framework of women’s inheritance property rights in the contemporary Albania. The Committee on the Elimination of Discrimination against Women, (fourth periodic report of Albania July 2016), in their concluding observations indicated, that “only 8 per cent of women own land”, and, in addition to this, they also noted, “that they are frequently discriminated against in matters of inheritance”11. That said, according to some interviews conducted for a study titled ‘Women Property Rights in Albania’, judges and other experts emphasised, that “inheritance and marital property are the main ways women acquire land 6 Habitat for Humanity, ‘Shelter Report 2016. Level the Field: Ending Gender Inequality in Land Rights’ (Habitat for Humanity 2016). 7 Valentina Zace, Marredheniet martesore sipas legjislacionit shqiptar, (Marital relations according to Albanian legislation), (Dituria 1999). 8 ibid. 9 Andreas Hemming, Gentiana Kera, Enriketa Pandelejmoni (ed) ‘Albania: Family, Society and Culture
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