44 Chekera-Radu/Women’s land and property rights United Nations, namely, the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). After its expression in the Universal Declaration, the protection of property was mostly articulated in international instruments aimed at the protection of vulnerable people. Treaties that utilised this approach include the 1954 Convention relating to the Status of Stateless Persons6 and the Convention on the Status of Refugees.7 Of particular relevance to the property rights of women is the Convention on the Elimination of all forms of Discrimination against Women (CEDAW). CEDAW does not have a specifically articulated right to property, however, several of the convention’s provisions have relevance to the protection of property rights. Such provisions include articles guaranteeing rights to social security,8 access to credit and loans,9 and to administer property.10 Within the treaties of the regional African human rights system, there are several articles that have a bearing on the protection of the right to property.11 Article 14 of the African Charter on Human and Peoples’ Rights (African Charter) is the principal provision guaranteeing the right to property. The provision states that ‘the right to property shall be guaranteed’. As Golay and Cismas point out, even though the provision does not specify to whom the right accrues, in light of the Charter’s equality provisions in article 2 and jurisprudence of the African Commission, every individual has the right to property.12 The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (African Women’s Rights Protocol) also includes a number of provisions that are of relevance to the protection of women’s property rights. Such provisions include articles on the protection women’s property right during marriage,13 and at the dissolution of marriage,14 access to land,15 adequate housing,16 and inheritance.17 In articulating the right to property and its importance, the African Commission has stated that the right to property encompasses the rights of an individual, group or people to the peaceful enjoyment of 6 UN 1954 Convention relating to the Status of Stateless Persons 360 UNTS 117 articles 13 & 14. 7 TRG van Banning The human right to property (2002) 49; articles 13 & 14 of the UN 1951 Convention Relating to the Status of Refugees 189 UNTS 137 (UN Refugee Convention). 8 Article 11(e), 14(c) of the African Women’s Rights Protocol. 9 Article 13(b), 14(g) of the African Women’s Rights Protocol. 10 Article 15(2) and 16(h) of the African Women’s Rights Protocol. 11 See article 13(3) guaranteeing the rights to public property and article 21 on peoples’ rights to wealth and natural resources. 12 C Golay & I Cismas ‘Legal opinion: the right to property from a human rights perspective’ https://ssrn.com/abstract=1635359 (accessed 15 June 2017). 13 Article 6(j) of the African Women’s Rights Protocol. 14 Article 7(d) of the African Women’s Rights Protocol. 15 Article 15(a) of the African Women’s Rights Protocol. 16 Article 16 of the African Women’s Rights Protocol. 17 Article 21 of the African Women’s Rights Protocol.

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