What Works for Women and Girls

security and empowerment, thereby reducing their vulnerability to domestic violence, unsafesex, and other AIDS-related risk factors” (Strickland, 2004: 1).When women are denied their rights to property, whether in widowhood or desertion bytheir husbands, they experience deepened poverty and lower social status as a result. This istragically compounded when they themselves become ill, and they are left destitute withoutshelter or care (Steinzor, 2003). In Kenya, women rarely own land titles either individuallyor jointly with their husband. Husbands may sell the matrimonial home without his wife’sknowledge or consent. The lack of equal property rights upon divorce drives women intopoverty, thus wives feel they must remain in abusive marriages as they have no property. Thisdependence also prevents negotiation of safe sex practices and an increase in transactionalsex for survival (FIDA Kenya and Georgetown University Law Center, 2009). Interviews with1,270 widows in India found that only 22% received widow’s compensation, with no legislationto protect property and inheritance rights (Devasahayam et al., 2008). A support group for100 widows in Kenya found that 60% had lost property after the deaths of their husbands and20% had either to be inherited by relatives of the deceased or vacate the matrimonial home.Most could not afford legal fees to fight for their rights (WambuiWaweru, 2004). Women inpolygamous marriages have additional concerns in accessing property where only one wife isentitled to property (Knox et al., 2007). In some countries, women are excluded from the decision-makingprocess in land disputes as men hold the vast majority of seats in institutions thatadjudicate land rights (FIDA Kenya and Georgetown University Law Center, 2009). “Manywomen are not aware of their legal rights to inherit property nor do [they] have the capacityto have them enforced by the judiciary” (Oja, 2008: 10). Rights-based training for women isunderway in a number of countries in sub-Saharan Africa and training is also underway forpolice and the judiciary to uphold women’s property rights (Oja, 2008). Access by women topro bono legal assistance is critical (COHRE, 2004).International treaties, laws, and other instruments that protect women’s inheritance andproperty rights exist but are not consistently applied. Similarly, existing national laws thatprotect women’s property rights are often poorly enforced. A random sample of 219 householdsin rural Uganda with 74 enrolled in focus group discussions from seven villages foundthat many women are ignorant about the laws that protect them from widow inheritance andprotect their property rights (Mabumba et al., 2007). During in-depth interviews with widows,widowers, and traditional leaders in the Ohangwena Region of Namibia, a difference betweeninherited property (property given by both families to formalize a marriage) and commonproperty (property accumulated during a marriage) became apparent. Common property wasoften sold during times of hardship while the inherited property was sold as a last resort.Many inheritance disputes are often about who owns the property that came from the spouse’sfamily. Relatives often take all movable property, such as livestock and furniture, regardless ofwhether it was inherited or common property.A 2007 review found that “more data is needed to guide the design and implementationof interventions that will effectively address women’s property rights within the HIV/AIDScontext” (Swaminathan et al., 2007: 17). Others have recommended that legal frameworks312 CHAPTER 11 STRENGTHENING THE ENABLING ENVIRONMENT