(2017) 1 African Human Rights Yearbook 43 women’s property rights lies inequality. The bodies of the African human rights system can contribute to the realisation of women’s rights through development of progressive norms on the right to property for women. The development of these norms at the regional level has the potential to enhance the protection of similar rights at the domestic level. Taking into account the indivisibility, interdependency and interrelatedness of all rights, the rights to equality and nondiscrimination have a critical role to play towards the realisation and protection of women’s land and property rights. As Bulto highlights, ‘equality dictates the distribution of public resources for the protection and promotion of, several rights and ‘other prized social goods and services to everyone at equal measure.’3 Further, the African Commission on Human and Peoples’ Rights (African Commission) has detailed the importance of equality as the basis of the enjoyment of all other rights.4 For the interpretation of equality and its application to contribute to the realisation of women’s right to property, the bodies tasked with the implementation of the various provisions must be accepting of the interdependence of rights. The article begins with a brief overview of the development of property rights including on the African continent. The concept of indivisibility, interdependence and interrelatedness of rights and its recognition on the African system follows. Thereafter the right to equality, its development and content as applied in the international human rights system is discussed with the purpose of establishing a lens with which to view and compare the development of the right to equality in the African human rights system. The article concludes by unpacking the application of equality and non-discrimination by the African Commission. 2 THE DEVELOPMENT OF THE RIGHT TO PROPERTY Over the years, human rights law has accumulated a number of instruments guaranteeing the right to property as a human right. The earliest formulations of this right in international human rights laws is captured under article 1(1) of the Universal Declaration of Human Rights (Universal Declaration) which provides that ‘everyone has the right to own property alone as well as in association with others.’5 The recognition of this right was without controversy and due to the controversies on the nature of the right that prevailed at the time regarding its role, functions and restrictions, the right to property was not included in the two key foundational human rights treaties of the 3 TS Bulto ‘The utility of cross-cutting rights in enhancing justiciability of socioeconomic rights in the African Charter on Human and Peoples’ Rights’ (2010) 29 University of Tasmania Law Review 142. 4 Bissangou v Republic of Congo (2006) AHRLR 80 (ACHPR 2006). 5 Universal Declaration of Human Rights.

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