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Children’s property and inheritance rights and their livelihoods: The context of HIV and AIDS in Southern and East Africa

Year of publication 2006

Pages 58 p.

Author Rose, L. L.

Publisher FAO ;

Product type Book (series)

Series title LSP Working Paper

Edition 1

Synopsis (short abstract) This paper focuses on legal and institutional aspects of children’s property and inheritance rights in Southern and East Africa. Chapter 2 discusses violations of children’s property and inheritance rights and discusses how the spread of HIV/AIDS has contributed to the violations. Chapter 3 assesses several norms of customary law that aim to protect children’s property and inheritance rights as well as the current practices of customary law that—in the context of the HIV/AIDS pandemic—serve to c omplicate and limit children’s ability to maintain their rights. Chapter 4 reviews and assesses a selection of international laws and national laws from the countries in the region that influence children’s property and inheritance rights, emphasizing succession and land laws. Several gaps in national legislation and policy that need to be addressed are identified.

Language English

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    The present paper – the third in the HIV/AIDS Programme Working Paper Series – is based on field research conducted by two grassroots organizations – CINDI-Kitwe in Zambia and GROOTS Kenya in Kenya to map out and document cases of property grabbing from children, in particular those who became orphans due to AIDS. It is intended to explore methods which grassroots organizations use or can use to document their work. The study adopted a creative and unique manner of investigating childr en’s issues that is to work directly with orphans and vulnerable children, not only to prepare the workplan but also to conduct the documentation exercise, i.e. by engaging the children who had lost their properties as data collectors. This study contributes to evidence building on children’s rights, HIV and AIDS, children’s livelihoods and ultimately improved interventions and responses to the crisis.
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    HIV and AIDS has exacerbated the vulnerability of orphaned children who are suffering in a vicious cycle of poverty, food insecurity, lack of access to education, and insecure livelihoods. Moreover, orphaned children are exposed to various forms of abuse by close family members, many of whom are their guardians. Movable and immovable properties that are left by their deceased parents are often confiscated by such guardians. Consequently, orphaned children suffer, not only from materi al impoverishment, but also from emotional impoverishment due to negligence by their close family members. Secure property and inheritance rights to children can provide the basis for their livelihoods, sense of belonging and future after the death of their parents. It cannot be overemphasized that secure property rights are the single most important rights of children in the era of AIDS. Yet, children's property and inheritance rights have not been given sufficient attention. T his paper investigates children's rights to property and inheritance rights as well as local people's interpretation of children's rights to property in selected communities in Zimbabwe as a case study. It analyses the impact of HIV and AIDS on children's rights to property and community responses to property grabbing. The study is an attempt to unpack the complex realities of children's rights to property on the ground. By doing so, the paper provides concrete recommendations to polic y makers and development agencies on what should be done to protect and strengthen children's rights to property. It is our hope that this paper will be the messenger of the children who were interviewed under the study and that our work can contribute to the protection of property rights and the livelihoods of many other children in the near future.
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