GAT RECOMMENDATIONS ON PROPERTY

PRINCIPLES
1. Women should be guaranteed equal access to own property, land and inheritance rights in the legislation of both constituent states as well as federal law.
2. Women’s rights to management of property should be equally guaranteed in both constituent states.
3. Mechanisms should be instituted and gender mainstreamed at both constituent state and federal levels to protect against the exploitation of women’s property.



MARRIAGE AND DIVORCE
4. Protection of women’s property rights on both constituent state level and federal level should be guaranteed in marriage and divorce.
5. Effective cooperation of police, judicial and economic institutions within the constituent states and at federal level should be ensured for the purpose of guaranteeing women’s property rights as well as rights to alimony and child support.
6. Possession of property through deception or coercion, including within marriage and in divorce, should be criminalized.
7. Protection of property rights within civil partnerships should be guaranteed.
8. The contribution of women’s unpaid labour in the accrual of property during marriage should be taken into account in legislation property allocation upon divorce.



VULNERABLE GROUPS
9. Monitoring of gender equality in terms of property rights for minorities and other vulnerable groups should be stipulated in law and guaranteed through the set-up of effective mechanisms.
10. Effective representation of women in decision-making on matters pertaining to property rights held in common by minority groups (e.g. Roma) and other religious or cultural associations administering property on behalf of communities or minority or cultural groups should be guaranteed.
11. Legal guarantees for protection of women and children in poverty and/or propertyless women should be provided equally in constituent state and federal legislation.
12. Protection of vulnerable women (e.g. victims of violence, care-dependent women including elderly or physically or mentally- impaired women) from fraudulent alienation of their property should be guaranteed.
13. Gender-sensitive provisions should be included in legislation regarding bankruptcy, dispossession, debt, etc.



WEALTH MANAGEMENT
14. Institutions should be set-up to monitor women’s representation in wealth management institutions (e.g. banks, business associations, financial corporations, property boards etc) with a view to proposing policies to address gender discrimination and exclusion.



REFUGEES AND POST-CONFLICT RECONSTRUCTION
15. Any indemnity provision, including those relating to property dispossession, should not be gender-biased.
16. Gender issues should be mainstreamed in the legislation regarding post-conflict reconstruction and women’s representation should be effectively guaranteed in the institutions set up to implement it.