recognizes the right of women, including widows, to property and inheritance. As early as
1948, the Universal Declaration on Human Rights (UDHR), recognized that “[m]en and
women of full age … are entitled to equal rights as to marriage, during marriage and at its
dissolution.”122 It also states that everyone has the right to own property and to not be
arbitrarily deprived of property.123 The International Covenant on Civil and Political Rights
also guarantees “equality of rights and responsibilities of spouses as to marriage, during
marriage, and at its dissolution.”124 The Convention on the Elimination of All Forms of
Discrimination against Women (CEDAW) requires states to “take all appropriate measures
to eliminate discrimination against women in all matters relating to marriage and family
relations.”125 This includes the right to property.126 The Committee on the Elimination of
Discrimination against Women (CEDAW Committee), the committee that monitors
compliance with and provides authoritative guidance on CEDAW, has noted that
widowhood exacerbates discrimination when it compounds discrimination based on age
and gender.127
International law also clearly requires registration of all marriages, one of the key
challenges documented in this report. The UN Convention on Consent to Marriage,
Minimum Age for Marriage and Registration of Marriages, which Zimbabwe ratified in 1994,
requires that “[a]ll marriages shall be registered in an appropriate official register by the
competent authority.”128 CEDAW also obligates states parties to establish and fully
implement a system of marriage registration.129
122 Universal Declaration of Human Rights (UDHR), adopted December 10, 1948, G.A. Res. 217A (III), U.N. Doc. A/810 at 71
(1948), art. 16.
123 Ibid., art. 17.
124 International Covenant on Civil and Political Rights (ICCPR), adopted December 16, 1966, G.A. Res. 2200A (XXI), 21 U.N.
GAOR Supp. (No. 16) at 52, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 171, entered into force March 23, 1976, art. 23 (4).
125 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW),
adopted December 18, 1979, 1979
G.A. res. 34/180, 34 U.N. GAOR Supp. (No. 46) at 193, U.N. Doc. A/34/46, entered into force September 3, 1981, art. 16 (1).
126 Ibid.
127 Committee on the Elimination of Discrimination against Women, “General recommendation No. 27 on older women and
protection of their human rights,” para. 14.
128 Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages, December 9, 1964,
http://www.ohchr.org/Documents/ProfessionalInterest/convention.pdf (accessed July 28, 2016), art 3.
129 CEDAW, para. 25.
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HUMAN RIGHTS WATCH | JANUARY 2017
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