Premium
Landless and “Childless” in the Eastern Democratic Republic of Congo: High School Students’ Perceptions of Gendered Constitutional Rights
Author(s) -
Mulumeoderhwa Maroyi
Publication year - 2018
Publication title -
law and society review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.867
H-Index - 74
eISSN - 1540-5893
pISSN - 0023-9216
DOI - 10.1111/lasr.12368
Subject(s) - inheritance (genetic algorithm) , contest , ambivalence , clan , democracy , gender studies , wife , marriage law , law , political science , sociology , psychology , politics , social psychology , biochemistry , chemistry , gene
This study draws on a qualitative study to examine, using the attitudes of high school male and female students, the possibilities for change in current practices concerning women's rights to inherit property and to take the custody of children in the event of divorce. The results show that male participants view their sisters as temporary residents in the family, and believe her inheritance may benefit her husband and her children who do not belong to her father's clan. Therefore, they strongly contest her inheritance right. However, a minority of boys were receptive to certain notions of women's rights and quite ambivalent about the gender status quo. Female participants, on the other hand, perceived the customary laws and patrilineal attitudes as a hindrance for women and girls to claim their inheritance's rights although the Congolese Family Code grants them such a right. Although the law grants both husband and wife this right, socio‐cultural norms and customary law render women victims of violence. Both male and female participants also mentioned that in case of divorce, women are denied child custody.